HUMAN RIGHTS DAY 10TH
DECEMBER

Statement for 2014 of
the High Commissioner for Human Rights

"All human beings are born
free and equal in dignity and rights": in perhaps the most resonant and
beautiful words of any international agreement, the Universal Declaration of
Human Rights promises, to all, the economic, social, political, cultural and
civil rights that underpin a life free from want and fear.

These human rights are not
country-specific. They are not a reward for good behaviour, or particular to a
certain era or social group. They are the inalienable entitlements of all
people, at all times and everywhere, 365 days a year.

They are the rights of people of
every colour, from every race and ethnic group; whether or not they have
disabilities; citizens or migrants; no matter their sex, their class, their
caste, their creed, their age or sexual orientation.

The commitments made to the
people of the world through the Universal Declaration are in themselves a
mighty achievement – discrediting the tyranny, discrimination and contempt for
human beings that have so painfully marked human history. And since the
Declaration was adopted, countless people have gained greater freedom.

Violations have been prevented.
Independence and autonomy have been attained.Many people – though not all –
have been able to secure freedom from torture, unjustified imprisonment,
summary execution, enforced disappearance, persecution and unjust
discrimination, as well as fair access to education, economic opportunities,
rich cultural traditions and adequate resources and health-care.

They have obtained justice for
wrongs, and national and international protection for their rights, through the
strong architecture of the international human rights legal system.

The power of the Universal
Declaration is the power of ideas to change the world. It tells us that human
rights are essential and indivisible – 365 days a year. Every day is Human
Rights day: a day on which we work to ensure that all people can gain equality,
dignity and freedom.

The UN Human Rights Office stands
with the millions of people around the world whose voices are denied.

And I look forward to you joining
us, whether you do so via social media or in person. Together, we must demand
what should be guaranteed: our human rights, universal, indivisible,
inalienable, for everyone, 365 days a year.

Zeid
Ra'ad Al Hussein

Forced jail sex charge rocks Parappana Agrahara
brass

HC raises query, based on which jail
authorities have ordered an investigation

The Prisons Department has initiated an inquiry into alleged sexual harassment
inside Parappana Agrahara Central Prisons, which will be conducted jointly with
the Women and Child Welfare Department. The inquiry was ordered based on a
petition signed by women inmates alleging that prison officials sent them to men
convicts for sex, charging between Rs 300 to Rs 500. The letters were dropped
at grievance boxes placed inside the women's wing of Parappana Agrahara Central
Prisons. The letters then found their way to the High Court, which has sought a
report.

Prisons officials maintained that the anonymous petitions were the result of
either mudslinging among officials, or a tussle between officials and inmates.
They maintained that the entire area inside the prisons complex is being
monitored by CCTV cameras and it was impossible to send women from their wing
to the men's, or allow men to enter the women's wing. They, however, said that
an enquiry would be conducted. The move came after the home minister's
direction in this regard.

"The charges are false and as the entire area is under CCTV surveillance,
nothing of this sort can ever happen," V S Raja, additional IG (prisons)
told Bangalore Mirror. "The norms are strictly followed inside and it's
impossible for women to come to the men's area as alleged. These things may
happen outside the prisons when they are out on parole. These allegations may
be the result of mudslinging between officials and inmates. To defame one, the
other writes a petition. The state women's commission brass and the
parliamentary committee were inside the prisons on Thursday and today (Friday),
and they spoke to women inmates at length in private. If the complaints were
genuine, they would have provided them with names. But nothing of that sort has
happened. Anonymous petitions are being written often from prisons. But we are
not taking them lightly. We are going to investigate the matter. If allegations
of sexual harassment are found to be true, they will be dealt with
seriously."

Sources, however, said the hospital and the kitchen area where women are made
to work at odd hours, like 1 am to 4 am, should be brought under the scanner
and investigated. Though women are not allowed to work at odd hours, they are
brought out under the pretext of helping with preparations for cooking. Both male
and female warders in night shifts are involved in this and it should be
probed, a source said. The source suggested that women prisoners be shifted to
the women's prison in Tumkur, where occupancy is just 30 percent, to avoid
recurrence of such allegations.

Bangalore: Police
Carry Out Night Raid in Jail

A large number of policemen carried out a raid at the
Parapanagrahara jail in Bangalore late on Tuesday and seized several mobile
phones and cash.

The
operation by policemen, supervised by several senior officers, was launched
late in the night and continued until after midnight, police said.

A raid on Naini Central Jail
premises on Wednesday led to the recovery of eight mobile phones, 40 pouches of
bhang and 35 of ganja along with small knives and other items. These items were
found near the barracks of the highly sensitive jail.

According to
reports, a team of top jail officials led by ADG, jail, ML Prakash found these
items along with four SIM cards, 10 mobile batteries, six chargers, 90
lighters, blades and three scissors.

District police
chief Umesh Kumar Srivastava told TOI that a team of senior jail authorities
led by the ADG (jail) conducted a surprise check inside Naini Central Jail and
found objectionable articles lying near the barracks. He further added that
jail authorities have decided to lodge an FIR with Naini police station
regarding the recovery of objectionable articles and mobile phones.

The surprise raid, according
to police officials, started at 8:30 am and lasted for four hours. The senior
jail authorities checked all barracks and jail campus and took bandi-rakshak
(barrack guards) to task for laxity.

The jailor of Naini
Central Jail told TOI that the surprise inspection was carried out by higher
jail authorities and action would be initiated against erring guards once the
FIR was lodged.

Sources told TOI
that top jail authorities were shocked with the recovery of scissors, lighters,
small knives and blades and took the Naini Jail authorities to task for their
lax approach. They added that officials also sought to know as to how such
articles entered the jail premises and a notice in the same regard would be
served to the officials concerned.

Cuttack: Jail Raid Yields SIM
Cards, Cigarettes, Contraband

Several banned articles like cell phone SIM
cards, cigarettes, opium and ganja were recovered during a raid in Choudwar
Jail here.
Even gold jewellery worth over Rs five lakh was
found in possession of the inmates during a raid by the Commissionerate police
and Cuttack district administration in the prison yesterday, police said today.
The raid was follow-up of a probe after the
Commissionerate police found that criminals lodged inside jail are making
extortion calls to businessmen over mobile phones. But the police on the day
could not recover a single mobile phone from the cells of the jail, although few
SIM cards were found lying in the garbage.
"Phone call detail records and mobile
tracking have clearly indicated that the calls were made from the jail
premises," said a senior city police officer.
He said stringent action should be taken against
the persons helping the prisoners getting access to mobile phones.

Editorial : Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case who issues arrest warrant against a
person , who rejects the bail plea of the accused and the judge who
remands accused to police custody / judicial custody is fully
responsible for safety , human rights of the prison / jail inmates. Use
of 3rd degree torture is rampant in jails and in all such
cases , respective presiding judges must be made to pay compensation
from their pockets and judges must be charged for AIDING &
ABETTING THE MURDER ATTEMPT on prisoner by jail / police
authorities. Are the JUDGES & POLICE above Law ?

Criminal justice system victimises poor and vulnerable: CJI

New
Delhi: The criminal justice system largely victimises the poor and
vulnerable sections of society and there is an urgent need for reform on
multiple fronts, Chief Justice of India HL Dattu said today as he
called for the scrapping of laws which criminalise begging and sex work.

"Not
only does the criminal justice system largely victimise the poor and
vulnerable sections of society, very often, laws themselves criminalise
poverty and destitution," Dattu said on the occasion of Law Day function
on the Supreme Court lawns.

"In
India, laws criminalising beggary, sex work and certain occupations of
the tribal community are often largely seen by the scholars and human
rights activists as widening the net of criminality by punishing
destitution.

"Along
with legal aid, there must be an intense process to redo the acts that
are criminalised towards decriminalisation of acts that has a
disproportionate impact on the poor," he said at the function where
Union Law Minister DV Sadananda Gowda, too, was present.

On
the issue of protection of women against sexual violence, Dattu said,
"We seem to be having a growing affinity for ensuring physical safety of
women by curbing their freedom.

"As
far as I am concerned, I would like to emphatically state in no
uncertain terms that the security of women is not achieved by curbing
their freedom and liberty and it is no security at all. We have to
evolve some systematic reforms," he said.

The
Law Minister, who spoke before the Chief Justice, dwelt upon Prime
Minister Narendra Modi's ambitious 'Make in India' project, saying that
the country is being converted into a major global player through the
creation of a business- friendly environment.

Efforts should be undertaken to make India an international arbitration hub, he added.

He
said, "The government is pushing the concept of 'Make in India' and
converting the country into a major global player, for which we need to
have a business-friendly environment.

Fifty-four Years In Jail Without Trial: The Plight Of Prison Inmates In India

Machang
Lalung, aged 77, was released from incarceration last month in the
northeast Indian state of Assam after spending more than half a century
behind bars awaiting trial.

Lalung
had been arrested at his home village of Silsang in 1951 under section
326 of the Indian Penal Code for “causing grievous harm.” According to
civil rights groups who have investigated Lalung’s case, there was no
substantive evidence to support the charge against him. In any event,
those found guilty of this offence typically receive sentences of no
more than 10 years’ imprisonment.

Less
than a year after he was taken into custody, Lalung was transferred to a
psychiatric hospital in the Assamese town of Tezpur. Sixteen years
later, in 1967, doctors confirmed that he was “fully fit” to be
released, but instead he was transferred to Guwahati Central Jail, where
he was imprisoned until this summer.

“It
seems the police just forgot about him thereafter,” Assamese human
rights activist Sanjay Borbora told the BBC. Borbora was among those who
brought Machang’s case to the attention of the National Human Rights
Commission (NHRC). As a result of the Commission’s intervention and
other protests, Lalung’s case was finally heard and he was released
after paying a token bond of one Indian rupee.

“He
is a simple villager and his life has been destroyed by a cruel system.
He should sue the authorities for millions of rupees, but I do not
think he is even aware he could do it,” said Borbora.

According
to a Scotsman.com news report, the NHRC has taken up the cases of four
other men awaiting trial in Assam: Khalilur Rehman has been in custody
for 35 years, Anil Kumar Burman for 33 years, and Sonamani Deb for 32
years, while Parbati Mallik has been detained in a psychiatric unit for
32 years.

Though
these individual cases have now gained media attention, the phenomenon
of accused persons having to endure unconscionable delays awaiting trial
is the norm in the Indian justice system. In 2002, some three quarters
of all persons held in Indian prisons had not been sentenced to jail,
but were “under trial”—that is, awaiting trial.

The
largest number of under-trial or remand prisoners is to be found in the
jails of Uttar Pradesh, Manipur, and Meghalaya, where more than 90
percent of the prison population have reportedly not faced trial.

According
to a National Crime Research Bureau (NCRB) study, Crime in India 2002,
nearly 220,000 cases took more than 3 years to reach court, and about
25,600 exhausted 10 years before they were completed. A staggering
number of prison inmates awaiting trial have already been imprisoned
longer than the most rigorous sentence that they could ever be given for
the offence they are alleged to have committed.

A long record of appalling conditions

Many
of India’s prisons date back to the era of British colonial rule, with
thousands of prisoners kept in crumbling facilities largely unchanged
since the beginning of the last century. The only major all-Indian
prison reform ever implemented dates back to the Indian Jails Committee
of 1919-1920.

The
Indian prison system perpetuates many of the injustices of the penal
system set up by the British. For example, inmates of foreign origin or
of high caste and social status are routinely imprisoned under
relatively better conditions and segregated from those inmates who are
poorer and of lower social position. Larger or less-crowded cells,
access to books and newspapers, and more and better food are offered to
those prisoners classified as “Status A” prisoners.

Meanwhile,
the poor and especially tribal and Dalit (ex-untouchable) inmates are
subject to various forms of abuse, ranging from the denial of visitors
and refusal to provide medical care, to prolonged labor, sexual
harassment, rape and “concealed” physical and mental torture.

“Our
judicial and penal system in its actual working obviously discriminates
between the rich and the poor.... If you are poor and have once landed
in jail—for whatever reason or no reason—the probability of your being
back in jail off and on is fairly high,” concluded Raman Nanda, who
complied a prison investigation in 1981, one of the few sources of
information available about the Indian prison population.

“Most
of those who are nabbed by the police and are unable to have themselves
bailed out are the poor. Those with resources, the big criminals, the
smugglers, corrupt politicians, tax evaders are people who are rarely
caught. Thus our institutions penalise not the violators of law but the
poor,” stated Nanda’s study.

In
the 1980s, the All India Commission for Jail Reforms (The “Mulla”
Committee) found that the majority of the prison population was from a
“rural and agricultural background” and that first offenders involved in
“technical or minor violations of law” accounted for a large number of
prisoners. Many inmates are imprisoned for non-payment of fines or an
inability to afford good legal representation.

Among
the worst-affected groups are women with children and the mentally ill.
Female prisoners account for 3.12 percent of the total jail population
and are allowed to keep their children until they reach the age of five.
According to available statistics, 1,400 children younger than five are
accompanying their mothers in jails.

Last
year, the Pakistan-based Dawn news site quoted Zahira, a mother of two
and woman prisoner in the Trihar prison, as saying, “Our fate depends on
the mood of the wardens or medical officer. I didn’t have regular
check-ups during my pregnancy, which is against the rules. Irfan (her
infant son) was not weighed at birth. There are no cribs, baby food or
warm milk.”

The
absence of adequate psychiatric institutions and medical services in
India contributes to the large prison population. Individuals with
severe mental illnesses, branded as “non-criminal lunatics,” are often
imprisoned. With many mentally vulnerable prisoners left to suffer
without support in a brutal environment, it is not surprising that there
is a high rate of suicides of prison inmates and police detainees.
However, there is also evidence that authorities term as suicides deaths
that were caused by police and jail guard abuse.

The
National Human Rights Commission (NHRC) was created as a statutory body
in 1993 and has since periodically issued directions about jail
conditions. It suggested a prison reform bill in 1996, but this has been
ignored by various governments, including those led by the
Hindu-supremacist Bharatiya Janata Party (BJP) and Congress and
supported by the Left Front.

In
fact, there is evidence that the situation facing India’s prisoners is
getting worse. At the end of 2002, there were 322,357 inmates in the
jails of 26 States and 6 Union Territories, although their authorised
capacity was just 219,880, meaning there was overcrowding, according to
the government’s own norms, of 46.6 percent.

The
maximum overcrowding was recorded in the jails of Mizoram (442
percent), followed by Jharkhand (260 percent), Delhi (211 percent),
Haryana (165 percent), Andaman and Nicobar (139 percent) and Chhatisgarh
(115 percent). As compared to the previous year, it was noted that jail
overcrowding had increased in the states of Delhi, Madhya Pradesh, Goa,
Uttar Pradesh, Andhra Pradesh and the Andaman and Nicobar Islands.

New
Delhi’s Tihar Prison, also known as the “Central Jail,” is said to be
the world’s largest prison facility. Although built to house 4,000
inmates, it currently holds 12,000, 80 percent of whom are awaiting
trial.

Starting
with the 1991 reforms, the Indian bourgeoisie has been imposing
rigorous cuts in education, health care, social services and
agricultural subsidies. The unprecedented social devastation and growth
of inequality that has resulted from the policies of successive Indian
governments have found partial expression in the country’s growing crime
rate. The police have responded to this social crisis with frequent
arbitrary round-ups in poor areas and discrimination against socially
vulnerable sections of the working masses.

Rising number of custodial deaths and abuse

The
police repression that has accompanied the past 14 years of free-market
economic reforms has caused India’s already antiquated and
overstretched prison system to descend into an even greater state of
chaos and human misery. According to Indian Home Ministry records,
deaths while in remand or custody increased from 1,340 in 2002 to 1,462
by the end of 2003. According to an NHRC report, a large proportion of
the deaths in custody were from natural and easily curable causes
aggravated by poor prison conditions. Tuberculosis caused many deaths,
and HIV/AIDS remained a serious health threat among prison inmates.

Non-governmental
organisations that deal with prisoner abuse allege that deaths in
police custody, which occurred within hours or days of initial
detention, often implied violent abuse and torture. The Home Ministry
reported that there were 28,765 complaints lodged against police for
April 2003 for abuse including deaths. In May of last year in
Ambedkarnagar, Uttar Pradesh, police arrested a daily labourer and
tortured him when he failed to pay a Rs. 50,000 (US$1000) bribe.
According to media reports, police admitted the victim to the hospital
under a false name after injecting him in the rectum with petrol.

Police
also threatened to harm his family if he reported the incident. In July
2004, the NHRC requested a report from Punjab’s Inspector General of
Prisons after a man incarcerated in Amritsar’s Central Jail claimed the
Deputy Superintendent and other prison officials branded him on his back
when he demanded water and better treatment. Doctors found fresh scars
on his back that had been inflicted with hot iron rods. By year’s end,
no action had been taken.

The
rape of persons in custody is also part of the broader pattern of
custodial abuse. Prisoner charities argue that rape by police, including
custodial rape, was more common than NHRC figures indicate, since many
rape incidents go unreported due to the victims’ shame and fear of
retribution.

A
statement from the Asian Legal Resource Centre, on custodial deaths and
torture in India, handed to the National Human Rights Commission and to
the Sixty-first Session of the UN Commission on Human Rights in Geneva,
notes: “Any person, who dares to complain about police officers in
India, faces the wrath of the law enforcement agency.

Abhijnan
Basu, who was serving his prison sentence at the Presidency Jail, West
Bengal, was one such person who was not so lucky. Officers at the prison
murdered him because he dared to complain about the inhuman conditions
and the poor quality of food. Three prison wardens set him ablaze on
November 12, 2004.

“Torture
in India is widespread, unaccounted for and rarely prosecuted. It
contributes to the state of anarchy and lawlessness in many parts of the
country. Torture is used as a cheap and easy method of investigation
and also as a tool for oppression. In the hands of the wealthy and
influential, Indian law enforcement agencies have also strengthened
links with criminal elements. Even the judiciary in India cannot sever
this nexus, between police and criminals.”

The
state of India’s penal and justice systems speaks volumes about the
true nature of human rights and social equality in a country routinely
held up by the Western media as the “world’s largest democracy.”

Any
discussion on prisoners in a sympathetic manner evokes a sharp
response: "Why should you worry about these people? They are dangerous
criminals, murderers and rapists, why complain if they are ill treated ?
They deserve it." In the popular mind, prisoners are dangerous
criminals and hence deserve no mercy. No wonder the local population of
Bhagalpur-and many outside-supported the Bhagalpur blinding.

The
notion that prisoners are dangerous criminals assumes that our police
is, in the first instance, able to nab the culprits- dacoits, murderers,
black marketers, smugglers; that prosecution then does take place; that
notwithstanding the delays, criminals are convicted-whether they are
rich or poor.

Who are the
people in jails ? Are they dangerous criminals, a threat to society ?
Our investigations establish that a majority are either under-trials or
those picked up for other reasons.

In
Tihar Jail, in the capital of India, children are simply kidnapped from
the streets and made to do all the menial work; the police who act in
liaison with the jail staff do not pick up the rich people's children.
Those nabbed are the poor, without a home, who sleep on the pavements or
in a public park. The criminal charge against them is vagrancy !

Kuldip
Nayar, who spent some time in Tihar Jail during the Emergency, writes:
"The slaves were boys between ten and eighteen, employed as 'helpers',
and there were scores of them. They cooked, washed uten-sils, cleaned
rooms, fetched water and did much back-breaking labour to 'help' those
who were paid to do these chores."

They
would be woken up before six to prepare morning tea and would be
allowed to sleep around 10 at night after scrubbing pots and pans. They
were herded into a ward which had no sanitary facilities, but were
always well lit all night to enable a sleepy warder to check at a glance
if they were all there. The warder explained that whenever the number
of prisoners in jails xvent up, the police were asked to bring boys to
help with the chores.

One is inclined to believe that Delhi is
not an excep-tion. For jails in many places are overcrowded and
naturally the jail staff needs "helpers." The slave system in varying
degrees may well be prevalent in jails in other states.

Poverty, Vagrancy and ProstitutionAbout
inmates in Hissar Jail, Primila Lewis has this to say : "Arrested on a
charge of 'awara gardi' under the famous Section 169 of the Indian Penal
Code for vagrancy, Piloo…. could not have been more than
sixteen-years-old. She stayed with us a few weeks and then got out on
bail provided for her by a constable in return for a spell with him as
his mistress.

"This we learned
was a routine occurrence. Single warders or policemen would offer to
stand bail for these feckless young girls knowing that they were orphans
and without help, in return for temporary or long term cohabitation."

I
was told of a similar instance from Khetri Jail, Rajasthan, where two
jailers bailed out a woman and kept her for a week. In Central Jail,
Jaipur, my friend heard a woman prisoner refusing bail arranged for her
by another woman, a prisoner acting as a go-between, "I know why you
want me out of jail." The All Bengal Women's Association report on women
prisoners in Presidency Jail, Calcutta, in 1974 highlights similar
incidents.

Then there is the
story of Meena: "Meena had arri-ved (in Elissar Jail) in a fearful
state, unable to walk, her rectum and vaginal area torn and bleeding,
and raving like a lunatic. She had been kept in police custody for
twenty-two days after her arrest and every day she had been raped by
five or six policemen in succession. Practically deranged by this
experience, she was then handed over to jail authorities. She screamed
and sobbed and threatened to jump on the thanedar or sub-inspector just
as he and his cohorts had 'jumped.' The sub-inspector of police shook
his head sadly. 'She is mad', he. said, and the jail autho-rities asked
no more questions."

Meena's
crime-brought from a village in Nepal by a brahmin.. . .left alone...
vagabond... She was sentenced to seven days simple imprisonment. So,
that was her "simple imprisonment". One may go on and on. The victims
invariably are the poor.

Innocent?And
then there are the prisoners from Hazaribagh and Jamshedpur jails who
Mary Tyler describes: "Nearest to the bars slept Bulkani, old, skinny
and asthmatic, a retired colliery worker, in prison without trial for
three years already, on a petty theft charge.."

She
cites the case of 55-year-old Gulabi : "Together with four other
labourers she had been harvesting paddy on a landlord's field, unaware
that the ownership of that particular land was disputed by his cousin
who promptly had all the labourers, and the man who had employed them,
arrested for stealing his paddy. Ironi-cally, the two landowners settled
their quarrel and Gulabi's employer was released from jail, while the
labourers remained behind bars. Gulabi had been in prison for nearly
three years.. . . without once seeing the magistrate."

Mary
Tyler goes on: "A child was brought into our care. Her father, a
widowed coal miner, had gone on hunger strike outside the colliery
manager's office after being redundant. On the fifth day he had been
arres-ted and since there was nobody to look after his three-year-old
daughter, he had been obliged to bring her to jail with him."

In
the Women's Reformatory, Jaipur, as on July 1, 1981, out of a total
number of 40 convicts, nine were charged with murder and attempted
suicide. Eight of them were fed up with life for various reasons
(poverty, fight with in-laws).

Once is not EnoughIf
you are poor and have once landed in jail-for whatever reason or no
reason-the probability of your being back in jail off and on is fairly
high. This is the impression I gathered from my talk with some of the
under-trials in Jaipur Central Jail. "When you are an undertrial and go
to the court every fortnight, the people, policemen everybody watches
you.. . . You are a 'criminal'. You will be nabbed again as a suspect
when-ever anything goes wrong in your locality. At the police lock-up
you will be beaten (if you do not bribe them) to extort a 'confession'."

"These
policemen," another undertrial said with anger, "ask you to steal and
demand their hafta (share). If you do not have the ill-gotten money, how
will you give them? And if you don't, they will throw you in jail. What
does one do? Keep away from crime and land in jail? Or, do all the
wrongs, give the dogs their share and be a free man outside?"

Often
when an undertrial is to be released, the jail authorities hold him and
ring up all the police stations if they "need" him There is many an
instance of a prisoner released by court and re-arrested at the jail
gate itself on some other charge. These tactics have been used
consistently against the political acti-vists of all hues in general and
the so-called Naxalites in particular.

While
some are physically prevented by the police from going to the court,
others-and there are reports to this effect-by sheer poverty may not be
able to get money to meet the travelling and bail expense. Absence in
court..., warrants issued... . back to jail.

The reader might well ask, "You are trying to appeal to our emotions."

Well,
yes, for why should one look at things in an emotionless manner ?
Figures, however convincing- and I shall cite statistics as also
official statements--- tend to hide the intense human misery.

According
to the 78th report of the Law Commission as on April 1, 1977, of a
total prison population of 1,84,169, as many as 1,01,083 (roughly 55%)
were under-trials. For specific jails, some other reports show:
Secunderabad Central Jail- 80 per cent under-trials; Surat-78 per cent
under-trials; Assam, Tripura and Meghalaya-66 per cent under-trials.

Most
under-trials are for petty offences (charges whose veracity itself is
quite questionable with the police trying to make a quick-rupee through
display of their uniform and 'danda'). Some are charged with murder. In
Sikar Jail, for example, there were cases where as many as nine
under-trials were charged with one murder. Some of them were not even in
the area of the crime. The records also show that children of eight
years are charged with murder. For instance, in Rajasthan, for which I
have detailed figures, for the four years 1975.79, of the total
convicted prisoners every year, over 65 per cent of the convicts had
been sentenced to less than a year. Less than 10 per cent of the
convicts were sentenced to over ten years impri-sonment. And as K.F.
Rustomji, former Inspector General of Police and former member of the
Police Commission, writes : "The number of criminal repeaters in India
is rather small. The number of dangerous criminals-psychopathic killers,
murderers, professional robbers, burglars and compulsive rapists-would
be very few."

A further point
that hardly needs any statistical corroboration-most of those who are
nabbed by the police and are unable to have themselves bailed out are
the poor. Those with resources, the big criminals, the smugglers,
corrupt politicians, tax evaders are people who are rarely caught. Thus
our institutions penalise not the violators of law but the poor-crimes
or no crimes.

Life Behind BarsWhat
are the conditions in jails? What is the effect of confinement on the
human psyche, away from friends and relatives, persistently nagged by
fears? Caught in his own complexes, with no one to console him, how does
a prisoner live through his years in jail?

Food, Accommodation and Medical TreatmentMost
of the jails were built in the nineteenth century or at the turn of
this century. They are in a state of disrepair and are overcrowded. The
Shah Comini-ssion reports that on the eve of the Emergency, in as many
as 15 of the 27 States and Union Territories, the actual population of
the prisoners far exceeded the authorised accommodation. In Assam there
were 7909 prisoners in accommodation meant for 4,930; Bihar- 38,407 as
against 21,140; Madhyn Pradesh-16,66 as against 12,388; Orissa-l0,222 as
against 6,668; Maha-rashtra-19,786 as against 14,801; West
Bengal-25,999 as against 20,237; Delhi 2,699 as against 1,273. And with
the imposition of Emergency thousands more were added.

The
food served to the prisoners is unfit for consu-mption. According to a
report of Seraikela Jail in Bihar in Economic and Political Weekly, July
1978, "Due to overcrowding, a number of prisoners have to spend the
nights actually sitting up. The prisoners are invariably very poor
people; but the food is so rotten that they find it revolting…..Quite
often the prisoners are ordered to lap up the dal which overflows on to
the floor. For vegetable the prisoners are fed with wild grass and
roots.... A glass of water was found to have no less than one inch of
mud at the bottom... . For 400 to 800 prisoners, there are just eight
latrines. The prisoners therefore defecate at the drains. In winter, six
of them have to huddle under one blanket. Tuber-cular prisoners sleep
with the as yet un-diseased ones."

Within
a state, the situation may be different in different jails. For
instance, in Rajasthan, satisfactory conditions prevail in Sikar Jail.
The Jailor, a cons-cientious young man, has allowed the prisoners to
form a panchayat which supervises the purchase and preparation of food.
Not only are the prisoners satis-fied about the arrangement, they
decided to donate one meal each to the flood affected victims in
Rajasthan in July, 1981.

However,
the situation was quite bad in Jaipur jail and worse still in Central
Jail, Ajmer and sub-jail, Jhunjhunu. In Jhunjhunu, where there was
incidentally no shortage of water, the jailor sanctioned half a bucket
of water per week per person for washing and bathing. There was
overcrowding, food was bad and inmates suffered from all sorts of skin
diseases. If any one complained, he was beaten up. (Police firing in
Samastipur Jail in January 1981, on prisoners protesting against bad
food is just one example. In Ajmer Jail, Rajasthan, on the basis of a
secret letter from prisoners, the ADM, Ajmer, conducted a surprise raid
in the jail in December, 1980, and found 83 quintals of wheat buried in
the jail compound. He also sealed the sand over which in des-peration,
the jail authorities had dumped edible oil. The prisoners went on hunger
strike. The DIG, Prisons. Rajasthan assured prisoners of an inquiry.
The result? The prisoners who had pointed out the misdeeds have been
transferred to different jails in Rajasthan. One of them was beaten so
much that his arm has been fractured.)

Medical
facilities-however meager-are available only in some central jails in
each state. In district and sub-jails, (asterisk) a compounder or some
registered medical practitioner is supposed to visit at regular
intervals; the visits never materialize.

"Natural" DeathsNo
wonder then that many prisoners die a "natural death" due to diseases
which are otherwise minor and curable. In Seraikela Jail which has a
capa-city of 82 and which was being used to keep 400 to 800 prisoners,
"143 prisoners, mostly adivasi under-trials died between 1973 and 1975".
Bhabani Shanker Hoota, a political activist, who spend some time in
Rourkela Special Jail, Orissa, during Emergency, tells us of two doaths
in judicial custody "due to the combined negli-gence of hospital and
jail staff." Similar are the comp-laints from Central Jail, Jaipur. Here
I came across, among other serious cases, a undertrial, a man of 22,
who was sent from Karoli to Central Jail, Jaipur "for treatment". His
right arm was fractured. Not only was the bone exposed, but about an
inch of it was jutting out. And what was worse, he had been in that
state for over 20 days when I met him. He had been going to the jail
doctor everyday and the doctor dutifully applied a yellow medicine and
bandaged it. Why was he not sent to the city hospital ? "No police guard
to accompany him to the hospital," was the reply. (However, three days
after my visit he was sent to the hospital and was operated upon.) In
Karnataka, Snehlata Reddy, a serious chronic asthma patient, was denied
proper medical treatment. She was refused parole in spite of the
doctor's recommendation and died with-in a week of her release.

Divide and RuleJails,
overcrowded with prisoners and commonly understaffed, are run on the
policy of 'divide and rule'. The Jail Manual provides that from amongst
the con-victs the authorities shall appoint "convict officers" (COs).
They are supposed to be some sort of prefects for the inmates, but
actually are the extra-institutional force of the jail authorities. The
Convict Officer is a prized position, for it entitles a remission in
jail sentence. These prisoners obtain better food from the mess and
sometimes the "sick diet" (milk, fruit, eggs).

As
a research student, when I said that I wanted to meet the prisoners in
Central Jail, Jaipur, the authori-ties would call for these C.Os. I
realised that they were viewed with hostility by the ordinary prisoners.
These C.Os. told me that "there are no problems in the jail.. food is
good. . medicines are available to sick.. Monday parades are held
regularly".

Ordinary prisoners had a different story to tell, of
course out of hearing of C.O.s who would invariable try to hang on when
an outsider interviewed the prisoner.

On
the weekly parades, which are held once in a month or two, the C.O.s
accompany the Superinten-dent along with the Jailor and Warders. The
Superin-tendent always moves into the wards with a massive force. If
anyone complains, the C.O.s beat up the prisoners at his behest. The
disobedient prisoners, those who 'instigate' the others, are handled by
C.O.s and the jail staff together. "Those who demand better conditions
and are rather persistent, are taken to the drama hall-meant for
recreational and cultu-ral activities-tied to the pillar and beaten up
by these people".

The substantial portion of the "income" of the
jail authorities is obtained through the C.O.s who are in direct touch
with the ordinary prisoners. They charge the prisoners for putting in a
word to the authorities for getting them remission in jail sentence or
allowing the prisoner to have "illegal" articles in the jail (ghee,
charas, or hasheesh). Often the promotion of a prisoner from an ordinary
convict to convict night watchman or convict officer is through bribing
the jail authorities. Most prisoners live in an atmosphere of fear and
suspicion. Though suffering is common to all, one does not see a sense
of unity among them.

Loneliness and FrustrationTheirs
is a closed existence; visits from friends and relatives are few and
far between for most prisoners. Many of them have not had a visit for
years together. Poor as their friends and relatives are, they find it
difficult to bear the transportation expenses to visit their kith and
kin in jail. Further, they are made to wait for hours at the jail gate;
in many jails the gate-keeper asks for a bribe.

Then
there are sexual perversions of all sorts. Homosexuality is widely
prevalent. The jail authori-ties turn a blind eye to this. When a young
boy enters, the prisoners have been known to have bid a price for the
boy. The price offered is in terms of 'bidis', soap or charas. Often
prisoners have been divided into camps and the groups have fought each
other on the issue of who shall have the new entrant.

Gross DiscriminationThe
stories of the comforts and favours given to some of the alleged
criminals, like Charles Sobhraj are well known. Santosh Rana writes
about Presidency Jail, Calcutta, during the Emergency: "Some smugglers
were there. They never ate jail food. Food reached them from their
houses everyday. Some had the privilege of going out to their houses at
night and coming back in the early morning". And you do not have to be a
smuggler or a kingpin to enjoy extra benefits. In Delhi jail, as those
who have been there will tell you, you could have whatever food you
wanted, only by paying a higher price. In Jaipur Jail, some prisoners
from well-to-do families and undergoing life sentence have no problems
in going out. On the pretext of going out to the city hospital "for
treatment" they go to their homes with or without the police guard,
returning to the jail gate by evening.

While
these people get police escort "to go to hospital", those who are
genuinely sick and in need of treatment but resource-less are, usually
not sent to the hospital. The plea of the jail authorities- "The police
does not send us the guards".

What
is worse is that even the law of the land allows for discriminatory
treatment. Some states classify prisoners as being in 'A', 'B' or 'C'
class on the basis of their income or social status. The Shah Commission
Report shows that even amongst MISA detenus, there was discriminatory
treatment in almost all states.

I
shall quote from the Shah Commission Report the part which deals with
MISA detainees in Gujarat which holds for other states too with some
variations. "The detaining authorities were autho-rised to classify the
prisoners according to their discretion. However in April 1976, the
Government issued certain guidelines treating Members of Parlia-ment,
Members of Legislative Assembly, Mayor, Deputy Mayor, Chairman of
Committees or Corpo-ration/President and Vice-President/Chairman of
Committee of District and Taluka Panchayat as Class I prisoners. As a
result of the petition filed by some of the detainees, the Government
gave an assurance to the- High Court to examine the case of each
detainee separately and further clarified on October 26, 1976 that
engineers, doctors, lawyers and persons paying income tax over a period
of 10 years of not less than Rs. 5000 a year, who had been detained for
political activities and Presidents of Municipalities, would be given
Class I status. Businessmen paying income tax of not less than Rs. 5000 a
year were also given Class I status..

The
treatment meted out to those arrested in the late 1960s and early
1970's under the pretext of their being "Naxalites" breaks even those
standards set by jail authorities themselves. Thousands still lang-uish
in prisons without trial. After intensive efforts by civil liberties
groups and many petitions to the Supreme Court some have been released
in Bihar and Andhra Pradesh. We just need to mention one ex-ample, that
of Nagbhushan Patnaik, to exemplify the physical and mental
deterioration that is the result of the brutal administration treatment
in our jails.

Our judicial and
penal system in its actual working obviously discriminates between the
rich and the poor. In this scheme of thing what can be the case for
prison reform?

Reforming the ReformatoriesLet us outline some of the contours of the problem:

Imprisonment of an overwhelming number of under-trials-many of them being held in custody for long periods.

Lack of accommodation-overcrowding, bad food and an almost complete absence of medical faci-lities.

While
hardened criminals are very few, severe restrictions are placed on
almost all prisoners. The whole approach is retributive rather than
reformative.

Prisoners demanding better treatment for them-selves have received lathis and bullets.

Rampant corruption in jail administration. One must note that the wage scale of the jail staff is also very low.

Lack of resources for jail administration, as one can infer from the low allocation for jails in the state and Central budgets.

Not all violators of law are penalised: it is the poor and quite often the innocent who are victi-mised.

The
prisoners are denied "natural habitat" which we try to provide even to
the animals we cage in our zoos. This coupled with the hopeless
condi-tions in jails affects them irreversibly.

Some SuggestionsFirst, since
on the one hand, we are confronted with imprisoning large numbers of
under-trials, and on the other there is serious overcrowding, why not
release the under-trials who have been in jail for long periods?

Many
would ask: "Courts take a long time to decide and we cannot afford to
release the murderers and potential criminals". As already mentioned
many of them are not criminals. We need only to recall that following
Supreme Court orders, the Bihar Government in 1979 released about 27,000
under-trials and there was no noticeable increase in crime.

Secondly, our
prison environments are unnatural and inhuman. Along with other aspects
of prison life, this leads to serious psychological disorders and even
insanity. The conditions, in fact, "mature" petty thieves into hardened
criminals. The "habitat" the prison must be changed. One possibility is
the open camp system.

The open camp experiment is. being
successfully carried out in Rajasthan. In Sampurnanand Open Camp,
Sanganer, 50 to 60 convicts -all murderers- live with their families.
There are no boundary walls, no fences with only four policemen as
guards. The convicts are free to pursue any vocation they choose. I met
one 'prisoner" at a tea stall-which is run by him; another one was
working on a government farm and also doing his own farming on one acre
piece of land from the government; yet another, a registered medical
practitioner had set up a clinic in the town. The prisoners who are
eligible for the open camp must have completed 1/3 of their sentence in
what can be described as the closed jail.

"The open camp", says
the Inspector General of Police, Rajasthan, "does not cost us much. We
have constructed the houses. We have given them some land. They earn
their own living. And what is the best thing about the camp is that
there has hardly been any instance of escape in the past five years. I
may add that to be chosen for open camp, prisoners have to sometimes
bribe their way through. The idea in itself is very good, is workable
and should be extended all over."

Thirdly, there
is no internal mechanism to check the functioning of the jails today,
which remain oppressive and cruel. Suggestions like employing jail staff
of high character, or the strict implementation of the jail manual do
not work. One section that can doggedly keep a close watch on the
prisoners' plight and make efforts to right the wrongs is the prisoners
themselves. They must have the right to assemble and organise into
panchayats. Their representatives must be involved in decisions
regarding food and maintenance.

Fourthly, the
supervision of the administration by the prisoners can be effective
only when the rights of prisoners are spelt out. The eight jail manuals
that I could collect-all of them, based on the Prisons' Act,
1894-contained detailed instructions on petty things like the width of
the belt to be worn by the staff, the number of holes per square inch on
the gauge to seive flour but there was not a single chapter on the
rights of the prisoners. While there is a need for a jail manual
incorporating reformative approach as against the old manual drafted by
colonial rulers primarily with a view to punish and suppress political
activities, particular attention should be given to clearly defining the
rights of prisoners. These rights must be enforceable in courts.

Fifthly, if
the rights of prisoners, as proposed, are to be implemented, provisions
must be made so that the jail staff do not violate them. These can be
checked by the prisoners only if they have the right to communicate such
instances to the judiciary and civil liberties groups freely and
fearlessly. The prisoners must, therefore, have the right to mail out
letters without any censorship by the jail authorities. Systematic
efforts to involve the public and raise their awareness on these issues
mtist be made simultaneously.

And lastly, what
needs urgent attention and action is the question of bias in the
operation of our police, judiciary and judicial custody against the
underprivileged and poor. Notwithstanding any amount of prison reform,
this bias will continue as long as there is gross inequality and
discrimination.

Corporal Punishment in India’s Jails

By SAHRDC

Whilst
it is well recorded that police systematically use torture as a tool of
interrogation in India, the practice of torture and other cruel and
inhuman treatment as a form of summary punishment against prisoners is
less well known and rarely publicised. Reports received by the South
Asia Human Rights Documentation Centre (SAHRDC) indicate that this
practice is particularly widespread in Jammu and Kashmir. Whilst the use
of “excessive chastisement ordered as punishment for a crime” is
prohibited under international law and is widely condemned in most
States as constituting “cruel, inhuman, or degrading treatment”, in
India it is not only legislatively upheld, but actively used as a first
resort of punishment for misconduct in India’s prisons.

Corporal Punishment in Prison: The Indian position

The
prison system in India is governed by the colonial Prisons Act 1894 and
the Prisoners Act 1900. The Supreme Court of India has however expanded
the horizons of prisoner’s rights jurisprudence through a series of
judgments.

The
Prisons Act 1894 provides for corporal punishment in cases where a
prison offence has been committed. As per Section 46 Clause 12 of the
Act, the Jail Superintendent may examine a prisoner committing such
offence and punish him by whipping him/her not more than 30 times, among
other alternatives, as provided in the Act.

The
Act leaves the awarding of such punishment to the discretion of the
Jail Superintendent. Acts like “wilful disobedience” of prison
regulations, use of threatening or intimidating language, “immoral or
indecent” behaviour, and “feigning illness”, among others, constitute a
prison offence under the Act. However, the Act does not provide as to
how these offences are to be examined and whether “due process” will be
followed in such cases.

Section
38 of the Delhi Jail Manual specifically grants the Jail Superintendent
the power to deal with prison offences or other offences under the
Indian Penal Code himself/herself, or to move a Magistrate.

In the case of Danial H. Walcott v. Superintendent, Nagpur Central Prison,
the petitioner was punished with solitary confinement by the prison
authorities for the commission of a prison offence. The Bombay High
Court interpreted Section 46 of the Prisons Act 1894 and observed that
the principles of natural justice are to be adhered to by the
Superintendent in such cases. The Superintendent must “examine” the
prisoner himself/herself and not rely on a readymade statement. The
enquiry is quasi judicial in nature and includes the right of the
prisoner to be heard, to be fully informed and to cross-examine. The
Superintendent must pass a reasoned order after following this
quasi-judicial process.

In the case of Sunil Batra v. Delhi Administration, the
petitioner, a convict under a death sentence, challenged his punishment
of solitary confinement as provided under Section 30(2) of the Prisons
Act 1894. The petitioner contended that Section 56 of the Prisons Act,
which confers arbitrary powers on the Superintendent to confine a
prisoner in irons, violates Articles 14 and 21 of the Constitution.

While
the apex court upheld Section 30(2) and Section 56 of the Act, the
Bench concurred with the observations of Justice V.R. Krishna Iyer,
which clearly serve as the touchstone of prison reforms in India. The
Bench emphasised the need for “reorientation of the outlook towards
prisoners” and prison reforms. It observed, “Jail Manuals are largely a
hangover of the past, still retailing anachronistic provisions like
whipping and the ban on the use of the Gandhi cap. Barbaric treatment of
a prisoner from the point of view of his rehabilitation and acceptance
and retention in the mainstream of social life, becomes
counterproductive in the long run.”

In the case of Rama Murthy v. State of Karnataka in
1997, the Supreme Court pointed to the need for a fresh look at the
Indian Prisons Act and stressed on the need for an All India Jail Manual
to serve as a model for the entire country.

The
All India Committee on Jail Reforms (1980-83), headed by Justice A.N.
Mulla, studied the issue of treatment of prisoners and observed that “if
prisoners are treated humanely according to set rules and are provided
with incentives for showing good conduct and discipline, the need for
enforcing prison discipline through prison punishments shall reduce.”

The
Committee also recommended that prison offences be more clearly
defined. It further observed, “some of the prison punishments as
prescribed by Section 46 of the Prisons Act 1894 were not in conformity
with standards of humanitarian treatment of offenders and should be
abolished, for example corporal punishment in the form of whipping.”

The
Committee also questioned the nature of hearings conducted by the Jail
Superintendent. It recommended that the complaints process be modified
to allow the prisoner a proper opportunity to defend himself/herself,
and that there be a right to appeal to the Inspector General of
Prisons.

To date, none of these and other useful recommendations have been implemented.

Following
the Jail Reforms Committee report, in 1996 the Indian National Human
Rights Commission (NHRC) circulated “An Outline of the Indian Prison
Bill -1996” to all states and Union Territories in India, incorporating
the core provisions of the Jail Reform Committee’s recommendations.
However, its transferral by the NHRC to the Home Ministry for
circulation raised the ire of the majority of states as it did not
account for the fact that prison regulation is a state subject and thus
cannot be dictated by the Central Government. This was an elementary
mistake on the part of the NHRC, and served to severely undermine its
credibility.

International standards on the treatment of prisoners

The
International Covenant on Civil and Political Rights (ICCPR) remains
the core international treaty on the protection of the rights of
prisoners. India ratified the Covenant in 1979 and is bound to
incorporate its provisions into domestic law and state practice. The
central provisions relating to corporal punishment and the rights are
prisoners are found in Articles 7 and 10(2).

Article
7 provides that: “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment.” Concurrently, Article
10(2) of the ICCPR provides that "[a]ll persons deprived of their
liberty shall be treated with humanity and with respect for the inherent
dignity of the human person.” In its general comment on Article 7, the
United Nations Human Rights Committee stipulated that there is no
definition of the concepts of Article 7 but that distinctions depend on
the nature, purpose and severity of the treatment applied, that “the
text of article 7 allows of no limitation”, and that “the prohibition
must extend to corporal punishment, including excessive chastisement
ordered as punishment for a crime...” This includes “prolonged solitary
confinement of the detained or imprisoned person [which] may amount to
acts prohibited by article 7”.

In
its concluding observations of state reports and under its
communications procedure, the UN Human Rights Committee has found that
various acts of corporal punishment inflicted on prisoners and detainees
amount to violations under Articles 7 and 10. The majority of these are
still routinely practiced in India. These include the whipping or
flogging of prisoners; use of solitary confinement for lengthy periods
as a disciplinary measure; using methods of restraint such as shackles;
and holding prisoners on “death row” for extended periods, inducing
mental anguish.

In the case of Patterson Matthews v. Trinidad and Tobago (1998),
the Human Rights Committee requested that the State forward information
regarding whether the administering of 20 lashes was sanctioned by law.
In India, as mentioned, Section 46 Clause 12 of the Prisons Act allows
the Jail Superintendent to punish any prisoner by whipping him/her not
more than 30 times, among other alternatives. This is a clear violation
of Articles 7 and 10 of the ICCPR.

The
legal obligations imposed on India are supplemented by three sets of UN
guidelines on the treatment of prisoners. The United Nations Standard
Minimum Rules for the Treatment of Prisoners, expressly provide that:
“corporal punishment, punishment by placing in a dark cell, and all
cruel, inhuman or degrading punishments shall be completely prohibited
as punishments for disciplinary offences.” The Rules also state that “no
prisoner shall be punished unless he has been informed of the offence
alleged against him and given a proper opportunity of presenting his
defence. The competent authority shall conduct a thorough examination of
the case.”

Principle
6 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment prohibit the use of torture or to
cruel, inhuman or degrading treatment or punishment on any person under
detention or imprisonment and no circumstances may be invoked as a
justification for such treatment. A detained or imprisoned person or his
counsel shall have the right to make a request or complaint regarding
his treatment, in particular in case of torture or other cruel, inhuman
or degrading treatment, to the authorities responsible for the
administration of the place of detention and to higher authorities and,
when necessary, to appropriate authorities vested with reviewing or
remedial powers.

The
Prisons Act 1894 and the respective state jail manuals require
immediate amendment so as to ensure that Jail Superintendents follow
fair and just procedure while determining punishment for a prison
offence. Secondly, the provision for corporal punishment should be done
away with to ensure that such law is in conformity with international
standards on the treatment of prisoners.

VVIP MURDERER VVIP FACILITIES IN PRISON

TIMES
NOW's Editor-in-Chief Arnab Goswami debates the issue of who is letting
Vikas Yadav, the politician's son, get a royal treatment, the victim's
mother saying that it is complete abuse of law with Neelam Katara,
Nitish Katara's mother; Sumit Verma, Counsel of Vikas Yadav; Dushyant
Dave, Senior Lawyer, Supreme Court and D P Yadav, father of Vikas Yadav.

Nitish
Katara's killer Vikas Yadav has been allowed out of jail 66 times in 19
months. The VVIP prisoner has once again bent rules at will. Vikas
Yadav, the man convicted for the murder of Nitish Katara, has found
another way of bending rules for himself. As far as fellow convict and
cousin of VIkas - Vishal Yadav is concerned - he has visited the
hospital 19 times for treatment in the same period clearly proving how
VVIP prisoners manage to get rules bent to their convenience.

An
RTI application has revealed that Vikas Yadav has been out of Tihar jail
as many as 66 times in less than two years after being sentenced to a
life term.

As far as fellow convict and cousin of VIkas - Vishal
Yadav is concerned - he has visited the hospital 19 times for treatment
in the same period clearly proving how VVIP prisoners manage to get
rules bent to their convenience.

While the victims mother Neelam
Katara has equated his frequent outings as subversion of the criminal
justice system, Tihar Jail authorities have denied granting any
privilege to Vikas and said he was taken only on court orders.

DONS LAVISH LIFESTYLES IN INDIAN PRISON

Mumbai: Many underworld dons
enjoy VIP treatment inside Mumbai's high-security Arthur Road Jail even
though they have been charged with many heinous crimes.

Underworld
don Abu Salem is an accused in the 1993 Bombay blasts and was
extradited from Portugal in 2005. Salem was a Dawood Ibrahim gamng
member but later on turned enemy.

Mustafa Dossa is also an accused in 1993 Bombay blasts and was extradited from Dubai in 2003. He is a trusted Dawood aide too.

Both
the dons, lodged in Mumbai's high-security Arthur Road Jail, on
Saturday got into a scuffle similar to ones seen several times in Hindi
movies, which left Salem with gashes on his face.

Though
both have been now shifted to separate jails, what has now come
tumbling out of the jail's closet are the shocking details of the lavish
lives of underworld dons behind bars.

"I
saw that they had new cloths in their cells and the bathrooms that they
use have new tiles and are very clean. The toilets look just like it is
in a good hotel," says Maharashtra Minister of State for Home Ramesh
Bagwe.

The
details with CNN-IBN are far more shocking. Seated in a jail a don can
just about get anything for a price 5-10 times the market rate. Some
underworld dons possess three-four mobile phones with numerous SIM cards
and Rs 10,000 is the minimum monthly maintenance cost per mobile phone
and SIM cards are hidden inside the jail premises. Separate mobiles are
used for talking to their bosses, subordinates and family.

A pack
of cigarettes comes for Rs 200 and that of a bidi for Rs 25 while a
toothpaste costing Rs 25 outside is available for Rs 300. Raw chicken is
available for Rs 500. Some even cook their food on gas stoves inside
the jail and a bottle of liquor is for Rs 2000. Contraband drugs like
charas are available for Rs 1000.

Sources
have told CNN-IBN us that while the underworld dons spend Rs 5-6 lakh a
month to lead a lavish jail life, other petty criminals struggle to get
even the basic facilities. While the smuggling of all the articles
takes place during the night, the jail authorities say they are terribly
under-staffed to curb these activities and the jails are over crowded.

Arthur
Road Jail can hold upto 804 inmates but over 2100 inmates are lodged
right now and the figure even touches 2400 at times. The total jail
staff is a mere 250 when it should be at least 750

Due
to the severe manpower crunch and corruption dreaded underworld dons
can smuggle into the jail whatever they want and even manage their crime
syndicate from right inside the jail. What's even more alarming is that
high-value convict involved in November 2008 Mumbai terror attack,
Ajmal Amir Kasab is also lodged in the Arthur Road Jail.

Five-star jails of India

In
a raid on Meerut Jail led by the DIG of Agra Jail to recover and seize
cell phones and other unauthorised and prohibited items, there was a
fight between the jail police and inmates of the high-security prison.
It left six police officials and four inmates injured.

The
raiding DIG said, "It could not have happened without the connivance of
jail officials. We had special instructions from the home department as
Meerut Jail is known for its lawlessness. But we were shocked when a
thou-sand-strong mob attacked us with sticks and stones. We were trapped
and could only escape after we charged towards the gate."

The
prisoners snatched away all the mobile phones and contra-band recovered
during the check that was ordered at the instance of the State
Government. The DIG has accused the superintendent of Meerut Jail of
"inciting the jail inmates to attack us so that we could not find
prohibited articles in the jail".

On
the other hand, the jail superintendent has accused the DIG of
demanding illegal gratification. Some staff has been suspended. The
other form of corruption reported from the Meerut Jail included
unauthorised sale of items at exorbitant prices. Cigarettes were being
sold for Rs 20 per stick. It cost Rs 500 for a meal of choice. A local
call could be made for Rs 20, an STD call cost Rs 100. The Meerut Jail,
built to house 700 inmates, now has 1,850 prisoners.

A
former Uttar Pradesh Minister, serving his sentence in Lucknow Jail for
the murder of his mistress Madhumita Shukla, freely hosted a wedding
anniversary bash for a co-accused in the murder case inside the jail
premises. A sitting Minister when asked replied, "No one is born a
criminal and the Samajwadi Party believes in transformation of
criminals. You can't stop anyone from celebrating an occasion concerning
him, his family or near and dear ones - within the premises of the
jail. As per my knowledge, there was no violation of the jail manual."

In
2004, three accused involved in the assassination of Punjab Chief
Minister Beant Singh escaped scandalously from the Burail Jail in
Chandigarh. Inspection of the jail showed that the high profile
prisoners were not only leading a luxurious life, but they had also
enclosed their cells in a way that their activities inside could not be
kept under vigil. Once the cell was turned into a virtual fortress, the
prisoners dug a tunnel to escape.

The
escape of terrorists involved in one of the most high-profile
assassinations could not have materialised simply through a nexus
between corrupt jail staffers and the prisoners. Vast sums of money as
well as a pattern of internal and external intimidation was necessary to
create the conditions for the eventual breakout and a significant
network of support was essential to make sure that the fugitives could
evade the police system once they were out.

The
escape of Phoolan Devi's killers from high security Tihar Jail and
other similar escapes of prisoners highlight the ineptitude and
complicity of jail staff. Tihar Jail is actually a complex of seven
prisons, having a capacity of 4,000 prisoners. But actually there are
more than 12,000 prisoners lodged there. Regrettably, there is no fixed
rule as to how many prisoners can be lodged in a particular jail.

The
following is the existing jail system. There are two categories of
jails - district jails normally built for 400 prisoners each and central
jails for 750 each. The jail staff members are not from the police and
have their own distinct hierarchy. There are different categories of
under-trial prisoners depending upon their education and social status.
Courts have directed jails to do away with the colonial, vintage
classification of under-trial prisoners into Class I, II and III, based
on their socio-economic status, but Government continues to stick to the
old practice.

Selected
prisoners are used for the internal management of jails - to make up
for manpower shortage - as well as administrative work. The convict-
supervisors become a link between the prisoners and jail officials. They
are given an incentive for their work. Any wrong placement or selection
can lead to the escape of prisoners or other crimes going unchecked
inside the jails.

The
Indira Gandhi Government had set up a high-powered panel in 1980 to
propose prison reforms. The apparent cause was Mrs Gandhi's first-hand
experience of the conditions in Tihar where she was lodged in 1978. Mrs
Gandhi appointed the Justice AN Mulla Committee to review the national
jail system even though jail is a State Government subject.

The
Mulla Committee, 1983, recommended that the Constitution be amended to
shift the subject of prisons from the State List to the Concurrent List.
That never happened. The Centre at present has no say in the matter of
jails except when they are in Union Territories where, again, jails are
far from being models. The result is that jails continue to be governed
by an outdated law enacted by the British in 1894. The position is that
the jail conditions vary greatly from one State to another or even from
prison to prison. There is no national policy on prisons.

A
sensible recommendation of the Mulla Committee was to classify prisons
into special security, maximum, medium and minimum security prisons.
Such a classification can serve as a safeguard against jailbreaks and
jail riots.

Much
before sting operations became a norm with the media, a hard-hitting
report had shown that in the Tihar Jail, officials mixed with notorious
inmates like Charles Sobraj who ran an extensive drug and liquor racket
with impunity. This led to a secret visit of the then Home Minister
Giani Zail Singh to Tihar Jail. He was stunned to see a drunken prisoner
offering him a bottle of liquor. A mortified Government finally
suspended two jail officials.

Criminalisation
of politics has produced a strange phenomenon. Criminals have contested
elections from behind the bars and some of them have won. Given such
topsy-turvy world of politics, prison officials are often either
unmindful of the crimes being committed regularly inside the prisons, or
sometimes they are the ones to provide prisoners with mobile phones,
drugs and food. These jail staffers also organise kavi sammelans and
mushairas and help prisoners run extortion rackets and criminal gangs
from inside the jails. A prison for some prisoners has become a home
away from home.

The
next issue is that of under-trials. According to the statistics
compiled by the Custodial Justice Cell of the National Human Rights
Commission, 225,817 of 304,893 or 74.06 per cent of the total prison
population in the country comprises those awaiting trial. The total jail
capacity in India is 232,412 prisoners, which makes the total prison
population 31 per cent higher than capacity, clearly emphasising the
urgent need for a speedier justice mechanism.

Only
when politicians go to jail do they talk about reforming the jail
system. They forget the issue the moment they are out. We must be clear
as to what kind of confinement or jail system we want. The time to make a
beginning is now before things get worse. There must be a Central law
to be followed as a model by all States.

No restrictions at Arthur Road jail, gangsters take leave at will

Pune:A
highly confidential inquiry report by the Maharashtra prison department
has revealed that several key undertrials, including Mohammad Dossa,
underworld don-turned-politician Arun Gawli and DK Rao (the right-hand
man of fugitive gangster Chhota Rajan), among others, freely availed of
"leave" out of the Arthur Road jail in Mumbai over the last three years.

The
jail authorities neither reported the leave granted to these
high-profile undertrials to senior prison authorities, nor did they
raise objections to the leave applications in court.

A
senior prison officer told DNA that the inquiry report has been sent to
the state home department for action as it has exposed corrupt
practices at the jail.

Ironically,
officials of the state prison department have none other than 26/11
accused Mohammed Ajmal Amir aka Kasab to thank for the revelation of
this nexus between the prison authorities and the undertrials.

Sources
told DNA that when the undertrials, including Rao and Gawli, were
shifted to Taloja in Navi Mumbai, they started demanding similar
treatment at the new jail premises. They were shifted to Taloja so that
maximum protection could be provided to Kasab, who was to be lodged at
the Arthur Road jail.

"The
undertrials continued to demand leave at Taloja as they had at Arthur
Road," said an official, adding that the authorities at Taloja then
reported the matter to senior prison authorities in Pune and Mumbai.

Former superintendent of Arthur Road jail Swati Sathe, who is currently posted in Nashik, said she was unaware of any inquiry.

It was during Sathe's tenure that the "influential undertrials" availed of leave.The inquiry revealed that leave extended from a few hours to even a couple of days.It also found that this practice had been going on at the jail for nearly three years.

The
authorities did not deny leave to around 45 gangsters, most of whom are
booked under the stringent Maharashtra Control of Organised Crime Act,
1999. One undertrial gangster was found to have "gone on leave" on 35
occasions, the report said.

The
Maharashtra Prisons Manual has no provision to grant leave to
undertrials, as is allowed in the case of convicts lodged in jails. It
is customary for an undertrial to obtain permission from a court in
order to avail leave.

The
inquiry revealed that none of the 45 undertrials sent their
applications via the jail officials. They were directly sent to court.

Significantly, the authorities at Arthur Road jail failed to appeal against this.

The
jail authorities also failed to report the leave taken by the
under-trials to the state government, which generally alerts the police
machinery to keep a close watch on the activities of the suspects.

State
prisons chief, inspector-general of police Uddhav Kamble confirmed to
DNA the commissioning of the inquiry, but refused to elaborate. A senior
official of the prison department confirmed the developments as well.

Another
senior jail official explained that leave is only granted to an
under-trial by the court for emergency situations, like the demise or
serious health condition of the next-of-kin, besides attending the
marriage of his/her children.

Leave
can also be availed for emergency medical treatment at the private
hospitals, but only under the supervision of the jail authorities.
However the under-trials went on leave to attend marriages and death of
distant relatives, other minor health issues of family members and even
their companions.

Kamble
sought a detailed record from the deputy inspector general of police
(prisons), Mumbai, of all the leave awarded by the courts. The DIG,
Mumbai conducted an inquiry and found the involvement of Arthur Road
Jail officials. Another inquiry was commissioned to verify the findings
of the DIG's report.

In
Pune, 22 inmates have been missing from the Yerawada Central Prison
after they were granted parole or furlough in the past 30 years.

Mumbai-based
gangster Vijay Thopte who was accused in the murder of union leader
Datta Samant and Arun Gawli gang member Eknath Arjun Mohite of Bhosari
are among those missing from the Yerawada jail. While Thopte has been
missing after he was granted parole a year ago, Mohite, who has several
cases registered against him with the Pune city and rural police units,
has been missing for more than a year now.

Might Not Have Recommended Parole For Manu: Pilot

Disapproving
the grant of parole to Jessica Lall murder convict Manu Sharma, who
also happens to be the son of an influential Haryana Congress leader,
Congress leader Sachin Pilot has said that he might not have recommended
parole to the lifer had he been the chief minister of Delhi.

"I
personally believe that perhaps more diligence should have been made
before issuing these orders. The fact that he has already gone back (to
jail) does not make a difference now," Pilot said while participating in
a TV programme.

Asked whether it was a mistake for the Delhi
government to have recommended parole for Sharma, Pilot said, "Well I am
not Delhi chief minister. From whatever I know of the case, if I was
the chief minister I would probably not have given the parole".

Sharma
was granted parole after chief minister Sheila Dikshit recommended it.
Sharma, who had applied for the parole on the ground of performing
religious rites for his grandmother (who died in 2008), attending to his
ailing -- later modified to 'ageing' -- mother, and business matters,
in Chandigarh.

Significantly, the Delhi Police has gone on
record to say that it had opposed the grant of parole. It has been
reported that the Delhi government has so far received 132 parole
applications this year out of which as many as 88 are still pending, 33
were rejected and 11 applicants were granted parole.

Dikshit had
so far been under fire for justifying her decision, saying that it was
within the "legal purview" only from the opposition BJP and legal
luminaries, who had so far been protesting that it was a blatant case of
partisanship. Not only was Manu Sharma granted parole on flimsy
grounds, and his parole extended by another month on the recommendation
by Dikshit, he clearly violated the parole conditions as well.

Opposition
BJP points out that Manu Sharma's father Venod Sharma, who is an
influential Congress leader in Haryana, played a major role in ensuring
that the Congress government in Haryana could be sworn. He is believed
to have been instrumental in getting the support of not only the seven
independents but also the defectors from Haryana Janhit Congress which
now only has Kuldeep Bishnoi left because as many as five of his MLAs
joined Congress on Monday.

Sachin Pilot is the first Congress leader who has gone on record to even mildly express disagreement over the issue.

Nobody would have known

What
is even more significant is that the news of Jessica Lal murder convict
-- who is serving a life sentence for having shot dead the Delhi model
on April 29, 1999 at the Tamarind Court Bar -- being out on parole came
to public notice only because he was yet again involved in a brawl in a
nightclub.

Observers point out that the brawl on the night of
November 6 at F bar in New Delhi's Ashoka hotel that Manu Sharma and
Sahil Dhingra got involved with Pranay Dadwal and his female friend may
even have gone unreported or been hushed up had Delhi police
commissioner's own son not been involved in the case.

The
argument turned ugly and Pranay Dadwal informed his father, who happens
to be none other than Delhi Police Commissioner Y.S. Dadwal.

It was because of this that a jeepload of cops landed up at the bar.

By
then Manu Sharma and his friends had left F bar and moved to the
exclusive LAP bar in the adjacent Samrat hotel, which is owned by Mumbai
film actor and model Arjun Rampal.

By the time the police
reached LAP, Manu had escaped. The police picked up Dhingra, and it was
only on going through the CCTV video coverage that it could be confirmed
that the person accompanying Dhingra was none other than the high
profile Manu Sharma who, most people assumed, should have been in jail.

It
was only then that it came to light that he had not only been granted
parole, it had even been extended, while he had been out there partying
at various nightclubs and bars, not only in Chandigarh, where he was
supposed to be for the period of his parole, but also in Delhi.

Observers
also point out how thee is nothing new in the subversion of justice in
Manu Sharma's case, as the powers that be had almost ensured his
acquittal in the Jessica Lal murder case, which got re-opened because
of an unprecedented media and public campaign.

Chained In Purgatory

It’s time we extirpated the horrific dehumanisation from our prisons

- R.K.Raghavan , CBI Director

Ashutosh Asthana, the key accused in a fraud involving the judiciary, died a few days ago in a Ghaziabad (UP) prison.
The bazaar rumour is that he died of poisoning. Whether he took the
poison himself or was tricked into doing so will be known after the
inquiry ordered comes to a conclusion. Two other incidents of past weeks
were equally shocking. A murder accused sentenced to life hanged
himself in Coimbatore jail, and a software engineer locked up after a
complaint of dowry harassment against him similarly ended his life.
Finally, an Indian student detained in a US prison for
sending intimidatory mail to President Bush, has complained of being
roughed up by fellow prisoners. Life inside prisons is undoubtedly
perilous. This may not be a new phenomenon, but the public now is more
aware of what goes on inside prisons. As sensitive human beings, our
conscience should lead us into doing something radical to reform our
prisons, cure it of its present ills. As someone said, a nation will be
judged by the manner in which it treats its prisoners. I would like to
recall a national leader incarcerated during the Emergency telling me
how soul-crushing detention could be. He was not surprised that many
jailed along with him chose to plead for mercy and walked out at the
earliest opportunity.

Prisons
infuriate me for various reasons. Firstly, there are dubious arrests by
the police and the even more galling convictions by courts on false
cases, sometimes trumped up by the prosecution, and which end in
innocent persons being sent to jail. The notion that many who should be
in jails are outside, thanks to political and economic clout, is not
wholly baseless. What, then, is the justification of locking up many who
are guilty of minor infractions? Secondly, rampant overcrowding of
prisons is a matter of disquiet, and of concern worldwide. States in the
US keep on building new prisons, although demand quickly outstrips
available space. Too many prisoners means abysmal and morally repugnant
conditions. Most unjustly, the number of undertrials far exceeds
convicted prisoners. Many of the former end up spending time that
surpasses the maximum period for which they could be convicted under the
law, if found guilty at all.

The corruption that afflicts prison management
is of Himalayan proportions. This is first reflected in the quality of
food served to inmates, and attributed to malpractices in the award of
contracts to suppliers of grocery. When food is inedible, prisoners
revolt. Some bribe guards into getting something better from outside.
Smuggling in of drugs into prisons is not unusual. Detainees use cell
phones freely. All these are for a price, and the rates vary from prison to prison. But these are lesser evils, if one reckons the violence that is routinely perpetrated—both by prison staff
and fellow prisoners—on a few hapless prisoners who stand out from the
rest for some reason, be it the nature of their crime or their efforts
at good behaviour. Abusive prison guards
just do not enjoy their work and are clearly frustrated at the
stultifying work environment. Some thought has been devoted towards
improving their conditions of service. Whatever has been done till now
has not exactly improved their morale.

Of
course, there are some remarkable individuals in the system who are
trying to make a difference and have actually succeeded. The legendary
Kiran Bedi made a world of difference to Tihar, one of the most
notorious prisons in the world. A commendable focus on literacy and
health issues altered the scene. Union home minister P. Chidambaram had a
few good words to say about Tihar during his recent visit there.

I
had the good fortune to go round the Sabarmati Jail in Ahmedabad
recently. This is a historic jail, built in 1895, where the Mahatma,
Lokamanya Tilak and Sardar Patel had all been detained. It is a clean
place, although it is also overcrowded (nearly 4,000 inmates in a place
meant for half that number). A young IPS officer, Chandrasekhar (an
agriculture graduate from Coimbatore), and his equally enthusiastic IGP
Keshav Kumar deserve every bit of praise we can shower them with for
their devotion and care. Their latest innovation is in the area of
telemedicine, with the support of the local Apollo Hospital. It has been
a boon for prisoners needing expert medical opinion. Online examination
of medical records and consultation with specialists for prisoners have
the potential for saving many lives. How many in our political
firmament understand that a prisoner’s life is as precious as theirs? As
long as it is possible for the criminal justice system to make flagrant
mistakes and lock up innocent people, we need to look after our
prisoners with the utmost benevolence. Nothing else can act as
testimonials of our urbanity and humanity, the two qualities that are in
danger of becoming extinct.

SC lays down directives for police encounters

The Supreme Court on Tuesday laid down stringent guidelines for police encounters to prevent fake encounter killings by police.

The
top court said every intelligence input about armed terrorist movement
must be recorded in writing, without disclosing vital information, by
the police party before proceeding to nab them.

If the encounter
results in death of any one, the police must immediately register an FIR
and furnish a copy to the court having jurisdiction over the area.

The
apex court said investigation into encounter deaths would be carried
out by a SP rank officer from a different police district and not the
same police which conducted the raid resulting in encounter death.The
court ruled that no policeman involved in encounter death should be
given out of turn promotion or gallantry awards by the government till
the investigations establish that it was a genuine encounter.

The
Supreme Court also ordered that police probing encounter killing should
submit status of probe every six months to the state human rights body
and NHRC.

Privileged prisoners

When
the rich and the powerful get on the wrong side of the law, it's the
law that suffers the most. VIP offenders and convicts are often treated
by law enforcers as VIPs and not as offenders or convicts. Security
officials rolled out the red carpet for Jagir Kaur, former Minister in
the Shiromani Akali Dal government in Punjab, following her conviction
last week on charges of abduction and wrongful confinement of her
daughter in 2000. Video footage from the Kapurthala jail captured the
astonishing sight of officials rushing to touch the convict's feet when
she arrived at the prison complex ostensibly to serve out her term.
Although Ms Kaur “resigned” as Minister immediately after her
conviction, she appears to have lost none of the privileges that come
with office. Twice president of the Shiromani Gurdwara Parbandhak
Committee, the powerful body responsible for the administration of
gurudwaras, Ms Kaur wields considerable clout within the current
government headed by Parkash Singh Badal. Opposition members have
already demanded that she be shifted to a jail outside Punjab so she
gets a taste of prison life as it is lived by countless other convicts.

Of
course, Ms Kaur is not the first person to receive comforts and favours
inside a prison cell. Industrialists and politicians convicted for
fraud and violent crime have always found ways to carry over their
material advantages in the vast, outside world into the confines of a
prison. In many cases, they abuse the legal provisions governing
incarceration to evade the full rigour of the law. It has, for example,
become the done thing for celebrity undertrials and convicts to feign
chest pain and seek refuge in high-end hospitals which curiously seem
able to delay diagnosing the illness for as long as the patient wants.
Stories of well-heeled undertrials being lavished attention in prisons —
the 2G accused being a case in point — are a legion. The other trick in
the book is parole; the reason for the excursion can be anything, a
parent's illness, the death of a relative, or simply the need to
reconnect with the city's social circuit. Manu Sharma, convicted in the
Jessica Lal murder case, famously spent the parole period granted him
(originally 30 days but extended by a month) partying, helped in no
small measure by his benefactors in the Delhi government. India's
criminal justice system is lax, and many literally get away with murder.
For a select few convicted by a court of law, the journey from home to
prison brings no ordeal that they cannot bear. When the prison cell door
clanks shut behind them, the VIP inmates manage to force open a window
to freedom. That's the sad truth.

1000 unlawful police detention cases in India every year, UP and Delhi lead

India
laps up movie fare such as Singham, but the reality of policing hits
harder home than a Rs. 100-crore plus flick. Such bitter reality hit
students of the Jadavpur University during the early hours of
Wednesday.

The
Kolkata Police entered the university, allegedly dragged and injured
students including girls, and detained many as they raged against the
alleged sexual assault on a student after a college fest.

The
city’s police chief claims his officers exercised restraint. The
students believe otherwise and want the police punished. The students
believe the police action was yet another instance of abuse of power.

In
India, reel-life Singhams win popularity contests, those in real are on
shaky ground. Here is a look at statistics, which give an inside view.

"In
many parts of india, the police is the only visible state presence.
police say that there is pressure from the public to punish crimes. this
leads to the police acting as judge and jury, beating up suspects who
are presumed guilty without trial "- Meenakshi Ganguly, South Asia Director, Human Rights watch

Custodial
violations include unlawful detention, illegal arrests, custodial
deaths and torture. The numbers do not show the police in shining light.

Around
3,963 cases of unlawful detention were reported from 2011 till July
this year. Of these cases, 3,069 have been disposed of and 894 are
pending.

In the same period, 2,532 cases of illegal arrests
were reported against the police —2,127 cases have been disposed of and
405 are pending.

Surprisingly, Delhi, a relatively small
state, comes second in the number of illegal arrests, unlawful detention
and tortures in police custody. Uttar Pradesh, India’s most populous
state, tops all the charts.

"The NHRC
does not have enough investigative capacity. it often relies on the
state human rights commissions, which are understaffed and ill equipped.
often there are political appointments. to be effetive, these
commissions should be truly independent"- Meenakshi Ganguly

The figures used in this story are reported cases and the actual number may be higher.

Moreover, custodial deaths can also be due to ill-health, suicides, accidents and homicides among other causes.

Interestingly,
the system is swift while disposing of cases of illegal arrests and
unlawful detention, with a disposal rate of 84% and 77%.

ND
Pancholi, President, Delhi chapter of the Poeple's Union for Civil
Liberty (PUCL) said, “There is no effort on the part of ruling parties
to chart out police training which inculcates the feeling among police
personnel that their prime responsibility is to the Constitution, rule
of law and to the people”.

The National Human Rights
Commission (NHRC) takes note of these violations. In the period
analysed, the NHRC filed 72 cases against illegal arrests and unlawful
detention. It imposed a fine of Rs. 53 lakh. Disciplinary action was
taken in 10 cases, but did not lead to any prosecutions.

The
NHRC also filed around 242 cases against the police for deaths and
torture. A fine of Rs. 6 crore was imposed on the police. Disciplinary
action was taken in 13 cases. It led to just one prosecution.

Abuse
by the police, however, is not solely an Indian problem. The US, a
developed nation, has an average of 983 custodial deaths per year
compared to 110 in India. China, on the other hand, is often under
scrutiny over human rights.

A study by Amnesty International —
more than 21,000 people in 21 countries participated in the survey —
concluded that international rules against torture are implemented the
least in India, along with Argentina, Mexico, Nigeria and Peru.

MHA gives special treatment to convicted German drug kingpin

Once
described as a kingpin of an international drug syndicate, a German
national was given special treatment by the Ministry of Home Affairs
(MHA) with Union Home Minister Rajnath Singh clearing
the repatriation of Christian Fell, who was convicted for possessing
high quality drugs. Fell, now 43, was lodged in Tihar Jail since 2008
after he was arrested by the Narcotics Branch of Delhi police the same
year. Cops claimed it to be the first ever seizure of LSD, a party drug,
in the Capital. He was convicted in 2011 under the NDPS Act for 10
years of imprisonment.

Earlier
this year, the German embassy based on the request received through
Fell's family started negotiating with the Indian authorities whether
Fell can serve his remaining tenure of imprisonment in Germany.
However, the UPA government kept the request pending but afterNarendra Modi took
over in May this year, the Ministry of External Affairs (MEA) again
received a reference following which the repatriation of Fell was
processed by way of a Gazette Notification in May this year.

Using
the provision of repatriation of Prisoners Act, 2003, to Federal
Republic of Germany, the Ministry of Home Affairs (MHA), helped Fell to
be repatriated. Fell, who flew back to Germany, last week was given
special clearance by DGCA on the request of the Home Ministry while the
German Embassy made special arrangements for consular assistance at the
Delhi Airport. According to the Home Ministry, Fell was supposed to
spend the remaining numbers of years at a jail in Hamburg in Germany.

A
senior Home Ministry official said, "He was convicted for 10 years out
of which he had already spent 5 years in India. We considered his
request on the humanitarian grounds where he will have to spend the rest
of years at a German prison. Fell was transferred from the high
security Tihar jail in a police van armed with the commandoes of Delhi
Armed Police (DAP) , to IGI. He was accompanied by two escort officers
from Germany, Kurt Walter, an inspector and Jorg Dieter Konitzer, an
employee in police service. The duo also facilitated the emergency
travel documents for Fell which was issued by the German embassy".

Fell
who was described by the police as a rebel is believed to have come to
India in 1998 after leaving his home at the age of 16. At Tihar, he
also taught music during his initial years of prison term but later
reported to have developed mental disorder following which the doctors
advised him extra care. As a teenager, Fell is also believed to have
acted in some movies in Hamburg in Germany. During his stay in India, he
visited Hampi, Goa, Kathmandu and other tourist destinations, but was
finally nabbed from Paharganj.

Saradha scam: TMC leader royally treated in jail

Rajat
Majumder, former director general of police and Trinamool Congress
leader, who was arrested in connection with the multi-crore Saradha
scam, is being given a royal treatment behind bars.

Just
after stepping into Alipore central jail on September 19, Majumder was
immediately taken to the jail hospital, where doctors reported him
‘sick’. “Normally, inmates are not kept in jail ward until critically
ill,” said a senior officer of Alipore central jail.

“No
inmate gets what Majumder is getting. He has tremendous clout and a
section of officers are helping him. Jail hospital attendants and one of
inmates are running errands 24 hours for him. This is apart from the
comforts of jail hospital, with clean bed, special food. No inmate can
get four to five newspapers, which he avails,” said a jail officer.

Majumder
is given a choice breakfast of toast, eggs, honey, fruits and milk. His
meals include preparations of fish, chicken or mutton of his choice,
along with vegetables and daal.

Majumder
was recently also allowed ‘close interview’ with some of his known ones
in the officers room of Alipore jail, which sources say in uncommon for
inmates. Majumder was a security consultant for Saradha group and
president of some of its companies.

Standard Minimum Rules for the Treatment of Prisoners

Adopted
by the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in 1955, and approved by the
Economic and Social Council by its resolutions 663 C (XXIV) of 31 July
1957 and 2076 (LXII) of 13 May 1977

PRELIMINARY OBSERVATIONS

1.
The following rules are not intended to describe in detail a model
system of penal institutions. They seek only, on the basis of the
general consensus of contemporary thought and the essential elements of
the most adequate systems of today, to set out what is generally
accepted as being good principle and practice in the treatment of
prisoners and the management of institutions.

2.
In view of the great variety of legal, social, economic and
geographical conditions of the world, it is evident that not all of the
rules are capable of application in all places and at all times. They
should, however, serve to stimulate a constant endeavour to overcome
practical difficulties in the way of their application, in the knowledge
that they represent, as a whole, the minimum conditions which are
accepted as suitable by the United Nations.

3.
On the other hand, the rules cover a field in which thought is
constantly developing. They are not intended to preclude experiment and
practices, provided these are in harmony with the principles and seek to
further the purposes which derive from the text of the rules as a
whole. It will always be justifiable for the central prison
administration to authorize departures from the rules in this spirit.

4.
(1) Part I of the rules covers the general management of institutions,
and is applicable to all categories of prisoners, criminal or civil,
untried or convicted, including prisoners subject to "security measures"
or corrective measures ordered by the judge.

(2)
Part II contains rules applicable only to the special categories dealt
with in each section. Nevertheless, the rules under section A,
applicable to prisoners under sentence, shall be equally applicable to
categories of prisoners dealt with in sections B, C and D, provided they
do not conflict with the rules governing those categories and are for
their benefit.

5.
(1) The rules do not seek to regulate the management of institutions
set aside for young persons such as Borstal institutions or correctional
schools, but in general part I would be equally applicable in such
institutions.

(2)
The category of young prisoners should include at least all young
persons who come within the jurisdiction of juvenile courts. As a rule,
such young persons should not be sentenced to imprisonment.

Part I

RULES OF GENERAL APPLICATION

Basic principle

6.
(1) The following rules shall be applied impartially. There shall be no
discrimination on grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth
or other status.

(2)
On the other hand, it is necessary to respect the religious beliefs and
moral precepts of the group to which a prisoner belongs.

Register

7.
(1) In every place where persons are imprisoned there shall be kept a
bound registration book with numbered pages in which shall be entered in
respect of each prisoner received:

(a) Information concerning his identity;

(b) The reasons for his commitment and the authority therefor;

(c) The day and hour of his admission and release.

(2)
No person shall be received in an institution without a valid
commitment order of which the details shall have been previously entered
in the register.

Separation of categories

8.
The different categories of prisoners shall be kept in separate
institutions or parts of institutions taking account of their sex, age,
criminal record, the legal reason for their detention and the
necessities of their treatment. Thus,

(a)
Men and women shall so far as possible be detained in separate
institutions; in an institution which receives both men and women the
whole of the premises allocated to women shall be entirely separate;

(c)
Persons imprisoned for debt and other civil prisoners shall be kept
separate from persons imprisoned by reason of a criminal offence;

(d) Young prisoners shall be kept separate from adults.

Accommodation

9.
(1) Where sleeping accommodation is in individual cells or rooms, each
prisoner shall occupy by night a cell or room by himself. If for special
reasons, such as temporary overcrowding, it becomes necessary for the
central prison administration to make an exception to this rule, it is
not desirable to have two prisoners in a cell or room.

(2)
Where dormitories are used, they shall be occupied by prisoners
carefully selected as being suitable to associate with one another in
those conditions. There shall be regular supervision by night, in
keeping with the nature of the institution.

10.
All accommodation provided for the use of prisoners and in particular
all sleeping accommodation shall meet all requirements of health, due
regard being paid to climatic conditions and particularly to cubic
content of air, minimum floor space, lighting, heating and ventilation.

11. In all places where prisoners are required to live or work,

(a)
The windows shall be large enough to enable the prisoners to read or
work by natural light, and shall be so constructed that they can allow
the entrance of fresh air whether or not there is artificial
ventilation;

(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.

12.
The sanitary installations shall be adequate to enable every prisoner
to comply with the needs of nature when necessary and in a clean and
decent manner.

13.
Adequate bathing and shower installations shall be provided so that
every prisoner may be enabled and required to have a bath or shower, at a
temperature suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical region, but at
least once a week in a temperate climate.

14.
All parts of an institution regularly used by prisoners shall be
properly maintained and kept scrupulously clean at all times.

Personal hygiene

15.
Prisoners shall be required to keep their persons clean, and to this
end they shall be provided with water and with such toilet articles as
are necessary for health and cleanliness.

16.
In order that prisoners may maintain a good appearance compatible with
their self-respect, facilities shall be provided for the proper care of
the hair and beard, and men shall be enabled to shave regularly.

Clothing and bedding

17.
(1) Every prisoner who is not allowed to wear his own clothing shall be
provided with an outfit of clothing suitable for the climate and
adequate to keep him in good health. Such clothing shall in no manner be
degrading or humiliating.

(2)
All clothing shall be clean and kept in proper condition. Underclothing
shall be changed and washed as often as necessary for the maintenance
of hygiene.

(3)
In exceptional circumstances, whenever a prisoner is removed outside
the institution for an authorized purpose, he shall be allowed to wear
his own clothing or other inconspicuous clothing.

18.
If prisoners are allowed to wear their own clothing, arrangements shall
be made on their admission to the institution to ensure that it shall
be clean and fit for use.

19.
Every prisoner shall, in accordance with local or national standards,
be provided with a separate bed, and with separate and sufficient
bedding which shall be clean when issued, kept in good order and changed
often enough to ensure its cleanliness.

Food

20.
(1) Every prisoner shall be provided by the administration at the usual
hours with food of nutritional value adequate for health and strength,
of wholesome quality and well prepared and served.

(2) Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport

21.
(1) Every prisoner who is not employed in outdoor work shall have at
least one hour of suitable exercise in the open air daily if the weather
permits.

(2)
Young prisoners, and others of suitable age and physique, shall receive
physical and recreational training during the period of exercise. To
this end space, installations and equipment should be provided.

Medical services

22.
(1) At every institution there shall be available the services of at
least one qualified medical officer who should have some knowledge of
psychiatry. The medical services should be organized in close
relationship to the general health administration of the community or
nation. They shall include a psychiatric service for the diagnosis and,
in proper cases, the treatment of states of mental abnormality.

(2)
Sick prisoners who require specialist treatment shall be transferred to
specialized institutions or to civil hospitals. Where hospital
facilities are provided in an institution, their equipment, furnishings
and pharmaceutical supplies shall be proper for the medical care and
treatment of sick prisoners, and there shall be a staff of suitable
trained officers.

(3) The services of a qualified dental officer shall be available to every prisoner.

23.
(1) In women's institutions there shall be special accommodation for
all necessary pre-natal and post-natal care and treatment. Arrangements
shall be made wherever practicable for children to be born in a hospital
outside the institution. If a child is born in prison, this fact shall
not be mentioned in the birth certificate.

(2)
Where nursing infants are allowed to remain in the institution with
their mothers, provision shall be made for a nursery staffed by
qualified persons, where the infants shall be placed when they are not
in the care of their mothers.

24.
The medical officer shall see and examine every prisoner as soon as
possible after his admission and thereafter as necessary, with a view
particularly to the discovery of physical or mental illness and the
taking of all necessary measures; the segregation of prisoners suspected
of infectious or contagious conditions; the noting of physical or
mental defects which might hamper rehabilitation, and the determination
of the physical capacity of every prisoner for work.

25.
(1) The medical officer shall have the care of the physical and mental
health of the prisoners and should daily see all sick prisoners, all who
complain of illness, and any prisoner to whom his attention is
specially directed.

(2)
The medical officer shall report to the director whenever he considers
that a prisoner's physical or mental health has been or will be
injuriously affected by continued imprisonment or by any condition of
imprisonment.

(c) The sanitation, heating, lighting and ventilation of the institution;

(d) The suitability and cleanliness of the prisoners' clothing and bedding;

(e)
The observance of the rules concerning physical education and sports,
in cases where there is no technical personnel in charge of these
activities.

(2)
The director shall take into consideration the reports and advice that
the medical officer submits according to rules 25 (2) and 26 and, in
case he concurs with the recommendations made, shall take immediate
steps to give effect to those recommendations; if they are not within
his competence or if he does not concur with them, he shall immediately
submit his own report and the advice of the medical officer to higher
authority.

Discipline and punishment

27.
Discipline and order shall be maintained with firmness, but with no
more restriction than is necessary for safe custody and well-ordered
community life.

28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.

(2)
This rule shall not, however, impede the proper functioning of systems
based on self-government, under which specified social, educational or
sports activities or responsibilities are entrusted, under supervision,
to prisoners who are formed into groups for the purposes of treatment.

29. The following shall always be determined by the law or by the regulation of the competent administrative authority:

(a) Conduct constituting a disciplinary offence;

(b) The types and duration of punishment which may be inflicted;

(c) The authority competent to impose such punishment.

30.
(1) No prisoner shall be punished except in accordance with the terms
of such law or regulation, and never twice for the same offence.

(2)
No prisoner shall be punished unless he has been informed of the
offence alleged against him and given a proper opportunity of presenting
his defence. The competent authority shall conduct a thorough
examination of the case.

(3) Where necessary and practicable the prisoner shall be allowed to make his defence through an interpreter.

31.
Corporal punishment, punishment by placing in a dark cell, and all
cruel, inhuman or degrading punishments shall be completely prohibited
as punishments for disciplinary offences.

32.
(1) Punishment by close confinement or reduction of diet shall never be
inflicted unless the medical officer has examined the prisoner and
certified in writing that he is fit to sustain it.

(2)
The same shall apply to any other punishment that may be prejudicial to
the physical or mental health of a prisoner. In no case may such
punishment be contrary to or depart from the principle stated in rule
31.

(3)
The medical officer shall visit daily prisoners undergoing such
punishments and shall advise the director if he considers the
termination or alteration of the punishment necessary on grounds of
physical or mental health.

Instruments of restraint

33.
Instruments of restraint, such as handcuffs, chains, irons and
strait-jackets, shall never be applied as a punishment. Furthermore,
chains or irons shall not be used as restraints. Other instruments of
restraint shall not be used except in the following circumstances:

(a)
As a precaution against escape during a transfer, provided that they
shall be removed when the prisoner appears before a judicial or
administrative authority;

(b) On medical grounds by direction of the medical officer;

(c)
By order of the director, if other methods of control fail, in order to
prevent a prisoner from injuring himself or others or from damaging
property; in such instances the director shall at once consult the
medical officer and report to the higher administrative authority.

34.
The patterns and manner of use of instruments of restraint shall be
decided by the central prison administration. Such instruments must not
be applied for any longer time than is strictly necessary.

Information to and complaints by prisoners

35.
(1) Every prisoner on admission shall be provided with written
information about the regulations governing the treatment of prisoners
of his category, the disciplinary requirements of the institution, the
authorized methods of seeking information and making complaints, and all
such other matters as are necessary to enable him to understand both
his rights and his obligations and to adapt himself to the life of the
institution.

(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.

36.
(1) Every prisoner shall have the opportunity each week day of making
requests or complaints to the director of the institution or the officer
authorized to represent him.

(2)
It shall be possible to make requests or complaints to the inspector of
prisons during his inspection. The prisoner shall have the opportunity
to talk to the inspector or to any other inspecting officer without the
director or other members of the staff being present.

(3)
Every prisoner shall be allowed to make a request or complaint, without
censorship as to substance but in proper form, to the central prison
administration, the judicial authority or other proper authorities
through approved channels.

(4)
Unless it is evidently frivolous or groundless, every request or
complaint shall be promptly dealt with and replied to without undue
delay.

Contact with the outside world

37.
Prisoners shall be allowed under necessary supervision to communicate
with their family and reputable friends at regular intervals, both by
correspondence and by receiving visits.

38.
(1) Prisoners who are foreign nationals shall be allowed reasonable
facilities to communicate with the diplomatic and consular
representatives of the State to which they belong.

(2)
Prisoners who are nationals of States without diplomatic or consular
representation in the country and refugees or stateless persons shall be
allowed similar facilities to communicate with the diplomatic
representative of the State which takes charge of their interests or any
national or international authority whose task it is to protect such
persons.

39.
Prisoners shall be kept informed regularly of the more important items
of news by the reading of newspapers, periodicals or special
institutional publications, by hearing wireless transmissions, by
lectures or by any similar means as authorized or controlled by the
administration.

Books

40.
Every institution shall have a library for the use of all categories of
prisoners, adequately stocked with both recreational and instructional
books, and prisoners shall be encouraged to make full use of it.

Religion

41.
(1) If the institution contains a sufficient number of prisoners of the
same religion, a qualified representative of that religion shall be
appointed or approved. If the number of prisoners justifies it and
conditions permit, the arrangement should be on a full-time basis.

(2)
A qualified representative appointed or approved under paragraph (1)
shall be allowed to hold regular services and to pay pastoral visits in
private to prisoners of his religion at proper times.

(3)
Access to a qualified representative of any religion shall not be
refused to any prisoner. On the other hand, if any prisoner should
object to a visit of any religious representative, his attitude shall be
fully respected.

42.
So far as practicable, every prisoner shall be allowed to satisfy the
needs of his religious life by attending the services provided in the
institution and having in his possession the books of religious
observance and instruction of his denomination.

Retention of prisoners' property

43.
(1) All money, valuables, clothing and other effects belonging to a
prisoner which under the regulations of the institution he is not
allowed to retain shall on his admission to the institution be placed in
safe custody. An inventory thereof shall be signed by the prisoner.
Steps shall be taken to keep them in good condition.

(2)
On the release of the prisoner all such articles and money shall be
returned to him except in so far as he has been authorized to spend
money or send any such property out of the institution, or it has been
found necessary on hygienic grounds to destroy any article of clothing.
The prisoner shall sign a receipt for the articles and money returned to
him.

(3) Any money or effects received for a prisoner from outside shall be treated in the same way.

(4) If a prisoner brings in any drugs or medicine, the medical officer shall decide what use shall be made of them.

Notification of death, illness, transfer, etc.

44.
(1) Upon the death or serious illness of, or serious injury to a
prisoner, or his removal to an institution for the treatment of mental
affections, the director shall at once inform the spouse, if the
prisoner is married, or the nearest relative and shall in any event
inform any other person previously designated by the prisoner.

(2)
A prisoner shall be informed at once of the death or serious illness of
any near relative. In case of the critical illness of a near relative,
the prisoner should be authorized, whenever circumstances allow, to go
to his bedside either under escort or alone.

(3) Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer to another institution.

Removal of prisoners

45.
(1) When the prisoners are being removed to or from an institution,
they shall be exposed to public view as little as possible, and proper
safeguards shall be adopted to protect them from insult, curiosity and
publicity in any form.

(2)
The transport of prisoners in conveyances with inadequate ventilation
or light, or in any way which would subject them to unnecessary physical
hardship, shall be prohibited.

(3)
The transport of prisoners shall be carried out at the expense of the
administration and equal conditions shall obtain for all of them.

Institutional personnel

46.
(1) The prison administration shall provide for the careful selection
of every grade of the personnel, since it is on their integrity,
humanity, professional capacity and personal suitability for the work
that the proper administration of the institutions depends.

(2)
The prison administration shall constantly seek to awaken and maintain
in the minds both of the personnel and of the public the conviction that
this work is a social service of great importance, and to this end all
appropriate means of informing the public should be used.

(3)
To secure the foregoing ends, personnel shall be appointed on a
full-time basis as professional prison officers and have civil service
status with security of tenure subject only to good conduct, efficiency
and physical fitness. Salaries shall be adequate to attract and retain
suitable men and women; employment benefits and conditions of service
shall be favourable in view of the exacting nature of the work.

47. (1) The personnel shall possess an adequate standard of education and intelligence.

(2)
Before entering on duty, the personnel shall be given a course of
training in their general and specific duties and be required to pass
theoretical and practical tests.

(3)
After entering on duty and during their career, the personnel shall
maintain and improve their knowledge and professional capacity by
attending courses of in-service training to be organized at suitable
intervals.

48.
All members of the personnel shall at all times so conduct themselves
and perform their duties as to influence the prisoners for good by their
example and to command their respect.

49.
(1) So far as possible, the personnel shall include a sufficient number
of specialists such as psychiatrists, psychologists, social workers,
teachers and trade instructors.

(2)
The services of social workers, teachers and trade instructors shall be
secured on a permanent basis, without thereby excluding part-time or
voluntary workers.

50.
(1) The director of an institution should be adequately qualified for
his task by character, administrative ability, suitable training and
experience.

(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time basis.

(3) He shall reside on the premises of the institution or in its immediate vicinity.

(4)
When two or more institutions are under the authority of one director,
he shall visit each of them at frequent intervals. A responsible
resident official shall be in charge of each of these institutions.

51.
(1) The director, his deputy, and the majority of the other personnel
of the institution shall be able to speak the language of the greatest
number of prisoners, or a language understood by the greatest number of
them.

(2) Whenever necessary, the services of an interpreter shall be used.

52.
(1) In institutions which are large enough to require the services of
one or more full-time medical officers, at least one of them shall
reside on the premises of the institution or in its immediate vicinity.

(2)
In other institutions the medical officer shall visit daily and shall
reside near enough to be able to attend without delay in cases of
urgency.

53.
(1) In an institution for both men and women, the part of the
institution set aside for women shall be under the authority of a
responsible woman officer who shall have the custody of the keys of all
that part of the institution.

(2)
No male member of the staff shall enter the part of the institution set
aside for women unless accompanied by a woman officer.

(3)
Women prisoners shall be attended and supervised only by women
officers. This does not, however, preclude male members of the staff,
particularly doctors and teachers, from carrying out their professional
duties in institutions or parts of institutions set aside for women.

54.
(1) Officers of the institutions shall not, in their relations with the
prisoners, use force except in self-defence or in cases of attempted
escape, or active or passive physical resistance to an order based on
law or regulations. Officers who have recourse to force must use no more
than is strictly necessary and must report the incident immediately to
the director of the institution.

(2) Prison officers shall be given special physical training to enable them to restrain aggressive prisoners.

(3)
Except in special circumstances, staff performing duties which bring
them into direct contact with prisoners should not be armed.
Furthermore, staff should in no circumstances be provided with arms
unless they have been trained in their use.

Inspection

55.
There shall be a regular inspection of penal institutions and services
by qualified and experienced inspectors appointed by a competent
authority. Their task shall be in particular to ensure that these
institutions are administered in accordance with existing laws and
regulations and with a view to bringing about the objectives of penal
and correctional services.

Part II

RULES APPLICABLE TO SPECIAL CATEGORIES

A. Prisoners under sentence

Guiding principles

56.
The guiding principles hereafter are intended to show the spirit in
which penal institutions should be administered and the purposes at
which they should aim, in accordance with the declaration made under
Preliminary Observation 1 of the present text.

57.
Imprisonment and other measures which result in cutting off an offender
from the outside world are afflictive by the very fact of taking from
the person the right of self-determination by depriving him of his
liberty. Therefore the prison system shall not, except as incidental to
justifiable segregation or the maintenance of discipline, aggravate the
suffering inherent in such a situation.

58.
The purpose and justification of a sentence of imprisonment or a
similar measure deprivative of liberty is ultimately to protect society
against crime. This end can only be achieved if the period of
imprisonment is used to ensure, so far as possible, that upon his return
to society the offender is not only willing but able to lead a
law-abiding and self-supporting life.

59.
To this end, the institution should utilize all the remedial,
educational, moral, spiritual and other forces and forms of assistance
which are appropriate and available, and should seek to apply them
according to the individual treatment needs of the prisoners.

60.
(1) The regime of the institution should seek to minimize any
differences between prison life and life at liberty which tend to lessen
the responsibility of the prisoners or the respect due to their dignity
as human beings.

(2)
Before the completion of the sentence, it is desirable that the
necessary steps be taken to ensure for the prisoner a gradual return to
life in society. This aim may be achieved, depending on the case, by a
pre-release regime organized in the same institution or in another
appropriate institution, or by release on trial under some kind of
supervision which must not be entrusted to the police but should be
combined with effective social aid.

61.
The treatment of prisoners should emphasize not their exclusion from
the community, but their continuing part in it. Community agencies
should, therefore, be enlisted wherever possible to assist the staff of
the institution in the task of social rehabilitation of the prisoners.
There should be in connection with every institution social workers
charged with the duty of maintaining and improving all desirable
relations of a prisoner with his family and with valuable social
agencies. Steps should be taken to safeguard, to the maximum extent
compatible with the law and the sentence, the rights relating to civil
interests, social security rights and other social benefits of
prisoners.

62.
The medical services of the institution shall seek to detect and shall
treat any physical or mental illnesses or defects which may hamper a
prisoner's rehabilitation. All necessary medical, surgical and
psychiatric services shall be provided to that end.

63.
(1) The fulfilment of these principles requires individualization of
treatment and for this purpose a flexible system of classifying
prisoners in groups; it is therefore desirable that such groups should
be distributed in separate institutions suitable for the treatment of
each group.

(2)
These institutions need not provide the same degree of security for
every group. It is desirable to provide varying degrees of security
according to the needs of different groups. Open institutions, by the
very fact that they provide no physical security against escape but rely
on the self-discipline of the inmates, provide the conditions most
favourable to rehabilitation for carefully selected prisoners.

(3)
It is desirable that the number of prisoners in closed institutions
should not be so large that the individualization of treatment is
hindered. In some countries it is considered that the population of such
institutions should not exceed five hundred. In open institutions the
population should be as small as possible.

(4) On the other hand, it is undesirable to maintain prisons which are so small that proper facilities cannot be provided.

64.
The duty of society does not end with a prisoner's release. There
should, therefore, be governmental or private agencies capable of
lending the released prisoner efficient after-care directed towards the
lessening of prejudice against him and towards his social
rehabilitation.

Treatment

65.
The treatment of persons sentenced to imprisonment or a similar measure
shall have as its purpose, so far as the length of the sentence
permits, to establish in them the will to lead law-abiding and
self-supporting lives after their release and to fit them to do so. The
treatment shall be such as will encourage their self-respect and develop
their sense of responsibility.

66.
(1) To these ends, all appropriate means shall be used, including
religious care in the countries where this is possible, education,
vocational guidance and training, social casework, employment
counselling, physical development and strengthening of moral character,
in accordance with the individual needs of each prisoner, taking account
of his social and criminal history, his physical and mental capacities
and aptitudes, his personal temperament, the length of his sentence and
his prospects after release.

(2)
For every prisoner with a sentence of suitable length, the director
shall receive, as soon as possible after his admission, full reports on
all the matters referred to in the foregoing paragraph. Such reports
shall always include a report by a medical officer, wherever possible
qualified in psychiatry, on the physical and mental condition of the
prisoner.

(3)
The reports and other relevant documents shall be placed in an
individual file. This file shall be kept up to date and classified in
such a way that it can be consulted by the responsible personnel
whenever the need arises.

Classification and individualization

67. The purposes of classification shall be:

(a)
To separate from others those prisoners who, by reason of their
criminal records or bad characters, are likely to exercise a bad
influence;

(b) To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.

68.
So far as possible separate institutions or separate sections of an
institution shall be used for the treatment of the different classes of
prisoners.

69.
As soon as possible after admission and after a study of the
personality of each prisoner with a sentence of suitable length, a
programme of treatment shall be prepared for him in the light of the
knowledge obtained about his individual needs, his capacities and
dispositions.

Privileges

70.
Systems of privileges appropriate for the different classes of
prisoners and the different methods of treatment shall be established at
every institution, in order to encourage good conduct, develop a sense
of responsibility and secure the interest and co-operation of the
prisoners in their treatment.

Work

71. (1) Prison labour must not be of an afflictive nature.

(2)
All prisoners under sentence shall be required to work, subject to
their physical and mental fitness as determined by the medical officer.

(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal working day.

(4)
So far as possible the work provided shall be such as will maintain or
increase the prisoners, ability to earn an honest living after release.

(5)
Vocational training in useful trades shall be provided for prisoners
able to profit thereby and especially for young prisoners.

(6)
Within the limits compatible with proper vocational selection and with
the requirements of institutional administration and discipline, the
prisoners shall be able to choose the type of work they wish to perform.

72.
(1) The organization and methods of work in the institutions shall
resemble as closely as possible those of similar work outside
institutions, so as to prepare prisoners for the conditions of normal
occupational life.

(2)
The interests of the prisoners and of their vocational training,
however, must not be subordinated to the purpose of making a financial
profit from an industry in the institution.

73.
(1) Preferably institutional industries and farms should be operated
directly by the administration and not by private contractors.

(2)
Where prisoners are employed in work not controlled by the
administration, they shall always be under the supervision of the
institution's personnel. Unless the work is for other departments of the
government the full normal wages for such work shall be paid to the
administration by the persons to whom the labour is supplied, account
being taken of the output of the prisoners.

74. (1) The precautions laid down to protect the safety and health of free workmen shall be equally observed in institutions.

(2)
Provision shall be made to indemnify prisoners against industrial
injury, including occupational disease, on terms not less favourable
than those extended by law to free workmen.

75.
(1) The maximum daily and weekly working hours of the prisoners shall
be fixed by law or by administrative regulation, taking into account
local rules or custom in regard to the employment of free workmen.

(2)
The hours so fixed shall leave one rest day a week and sufficient time
for education and other activities required as part of the treatment and
rehabilitation of the prisoners.

76. (1) There shall be a system of equitable remuneration of the work of prisoners.

(2)
Under the system prisoners shall be allowed to spend at least a part of
their earnings on approved articles for their own use and to send a
part of their earnings to their family.

(3)
The system should also provide that a part of the earnings should be
set aside by the administration so as to constitute a savings fund to be
handed over to the prisoner on his release.

Education and recreation

77.
(1) Provision shall be made for the further education of all prisoners
capable of profiting thereby, including religious instruction in the
countries where this is possible. The education of illiterates and young
prisoners shall be compulsory and special attention shall be paid to it
by the administration.

(2)
So far as practicable, the education of prisoners shall be integrated
with the educational system of the country so that after their release
they may continue their education without difficulty.

78.
Recreational and cultural activities shall be provided in all
institutions for the benefit of the mental and physical health of
prisoners.

Social relations and after-care

79.
Special attention shall be paid to the maintenance and improvement of
such relations between a prisoner and his family as are desirable in the
best interests of both.

80.
From the beginning of a prisoner's sentence consideration shall be
given to his future after release and he shall be encouraged and
assisted to maintain or establish such relations with persons or
agencies outside the institution as may promote the best interests of
his family and his own social rehabilitation.

81.
(1) Services and agencies, governmental or otherwise, which assist
released prisoners to re-establish themselves in society shall ensure,
so far as is possible and necessary, that released prisoners be provided
with appropriate documents and identification papers, have suitable s
and work to go to, are suitably and adequately clothed having regard to
the climate and season, and have sufficient means to reach their
destination and maintain themselves in the period immediately following
their release.

(2)
The approved representatives of such agencies shall have all necessary
access to the institution and to prisoners and shall be taken into
consultation as to the future of a prisoner from the beginning of his
sentence.

(3)
It is desirable that the activities of such agencies shall be
centralized or co-ordinated as far as possible in order to secure the
best use of their efforts.

B. Insane and mentally abnormal prisoners

82.
(1) Persons who are found to be insane shall not be detained in prisons
and arrangements shall be made to remove them to mental institutions as
soon as possible.

(2)
Prisoners who suffer from other mental diseases or abnormalities shall
be observed and treated in specialized institutions under medical
management.

(3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.

(4)
The medical or psychiatric service of the penal institutions shall
provide for the psychiatric treatment of all other prisoners who are in
need of such treatment.

83.
It is desirable that steps should be taken, by arrangement with the
appropriate agencies, to ensure if necessary the continuation of
psychiatric treatment after release and the provision of
social-psychiatric after-care.

C. Prisoners under arrest or awaiting trial

84.
(1) Persons arrested or imprisoned by reason of a criminal charge
against them, who are detained either in police custody or in prison
custody (jail) but have not yet been tried and sentenced, will be
referred to as "untried prisoners" hereinafter in these rules.

(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.

(3)
Without prejudice to legal rules for the protection of individual
liberty or prescribing the procedure to be observed in respect of
untried prisoners, these prisoners shall benefit by a special regime
which is described in the following rules in its essential requirements
only.

(2) Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate institutions.

86.
Untried prisoners shall sleep singly in separate rooms, with the
reservation of different local custom in respect of the climate.

87.
Within the limits compatible with the good order of the institution,
untried prisoners may, if they so desire, have their food procured at
their own expense from the outside, either through the administration or
through their family or friends. Otherwise, the administration shall
provide their food.

88. (1) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.

(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.

89.
An untried prisoner shall always be offered opportunity to work, but
shall not be required to work. If he chooses to work, he shall be paid
for it.

90.
An untried prisoner shall be allowed to procure at his own expense or
at the expense of a third party such books, newspapers, writing
materials and other means of occupation as are compatible with the
interests of the administration of justice and the security and good
order of the institution.

91.
An untried prisoner shall be allowed to be visited and treated by his
own doctor or dentist if there is reasonable ground for his application
and he is able to pay any expenses incurred.

92.
An untried prisoner shall be allowed to inform immediately his family
of his detention and shall be given all reasonable facilities for
communicating with his family and friends, and for receiving visits from
them, subject only to restrictions and supervision as are necessary in
the interests of the administration of justice and of the security and
good order of the institution.

93.
For the purposes of his defence, an untried prisoner shall be allowed
to apply for free legal aid where such aid is available, and to receive
visits from his legal adviser with a view to his defence and to prepare
and hand to him confidential instructions. For these purposes, he shall
if he so desires be supplied with writing material. Interviews between
the prisoner and his legal adviser may be within sight but not within
the hearing of a police or institution official.

D. Civil prisoners

94.
In countries where the law permits imprisonment for debt, or by order
of a court under any other non-criminal process, persons so imprisoned
shall not be subjected to any greater restriction or severity than is
necessary to ensure safe custody and good order. Their treatment shall
be not less favourable than that of untried prisoners, with the
reservation, however, that they may possibly be required to work.

E. Persons arrested or detained without charge

95.
Without prejudice to the provisions of article 9 of the International
Covenant on Civil and Political Rights, persons arrested or imprisoned
without charge shall be accorded the same protection as that accorded
under part I and part II, section C. Relevant provisions of part II,
section A, shall likewise be applicable where their application may be
conducive to the benefit of this special group of persons in custody,
provided that no measures shall be taken implying that re-education or
rehabilitation is in any way appropriate to persons not convicted of any
criminal offence.

Any
discussion on prisoners in a sympathetic manner evokes a sharp
response: "Why should you worry about these people? They are dangerous
criminals, murderers and rapists, why complain if they are ill treated ?
They deserve it." In the popular mind, prisoners are dangerous
criminals and hence deserve no mercy. No wonder the local population of
Bhagalpur-and many outside-supported the Bhagalpur blinding.

The
notion that prisoners are dangerous criminals assumes that our police
is, in the first instance, able to nab the culprits- dacoits, murderers,
black marketers, smugglers; that prosecution then does take place; that
notwithstanding the delays, criminals are convicted-whether they are
rich or poor.

Who
are the people in jails ? Are they dangerous criminals, a threat to
society ? Our investigations establish that a majority are either
under-trials or those picked up for other reasons.

In
Tihar Jail, in the capital of India, children are simply kidnapped from
the streets and made to do all the menial work; the police who act in
liaison with the jail staff do not pick up the rich people's children.
Those nabbed are the poor, without a home, who sleep on the pavements or
in a public park. The criminal charge against them is vagrancy !

Kuldip
Nayar, who spent some time in Tihar Jail during the Emergency, writes:
"The slaves were boys between ten and eighteen, employed as 'helpers',
and there were scores of them. They cooked, washed uten-sils, cleaned
rooms, fetched water and did much back-breaking labour to 'help' those
who were paid to do these chores."

They
would be woken up before six to prepare morning tea and would be
allowed to sleep around 10 at night after scrubbing pots and pans. They
were herded into a ward which had no sanitary facilities, but were
always well lit all night to enable a sleepy warder to check at a glance
if they were all there. The warder explained that whenever the number
of prisoners in jails xvent up, the police were asked to bring boys to
help with the chores.

One is inclined to believe that Delhi is
not an excep-tion. For jails in many places are overcrowded and
naturally the jail staff needs "helpers." The slave system in varying
degrees may well be prevalent in jails in other states.

Poverty, Vagrancy and ProstitutionAbout
inmates in Hissar Jail, Primila Lewis has this to say : "Arrested on a
charge of 'awara gardi' under the famous Section 169 of the Indian Penal
Code for vagrancy, Piloo…. could not have been more than
sixteen-years-old. She stayed with us a few weeks and then got out on
bail provided for her by a constable in return for a spell with him as
his mistress.

"This
we learned was a routine occurrence. Single warders or policemen would
offer to stand bail for these feckless young girls knowing that they
were orphans and without help, in return for temporary or long term
cohabitation."

I
was told of a similar instance from Khetri Jail, Rajasthan, where two
jailers bailed out a woman and kept her for a week. In Central Jail,
Jaipur, my friend heard a woman prisoner refusing bail arranged for her
by another woman, a prisoner acting as a go-between, "I know why you
want me out of jail." The All Bengal Women's Association report on women
prisoners in Presidency Jail, Calcutta, in 1974 highlights similar
incidents.

Then
there is the story of Meena: "Meena had arri-ved (in Elissar Jail) in a
fearful state, unable to walk, her rectum and vaginal area torn and
bleeding, and raving like a lunatic. She had been kept in police custody
for twenty-two days after her arrest and every day she had been raped
by five or six policemen in succession. Practically deranged by this
experience, she was then handed over to jail authorities. She screamed
and sobbed and threatened to jump on the thanedar or sub-inspector just
as he and his cohorts had 'jumped.' The sub-inspector of police shook
his head sadly. 'She is mad', he. said, and the jail autho-rities asked
no more questions."

Meena's
crime-brought from a village in Nepal by a brahmin.. . .left alone...
vagabond... She was sentenced to seven days simple imprisonment. So,
that was her "simple imprisonment". One may go on and on. The victims
invariably are the poor.

Innocent?And
then there are the prisoners from Hazaribagh and Jamshedpur jails who
Mary Tyler describes: "Nearest to the bars slept Bulkani, old, skinny
and asthmatic, a retired colliery worker, in prison without trial for
three years already, on a petty theft charge.."

She
cites the case of 55-year-old Gulabi : "Together with four other
labourers she had been harvesting paddy on a landlord's field, unaware
that the ownership of that particular land was disputed by his cousin
who promptly had all the labourers, and the man who had employed them,
arrested for stealing his paddy. Ironi-cally, the two landowners settled
their quarrel and Gulabi's employer was released from jail, while the
labourers remained behind bars. Gulabi had been in prison for nearly
three years.. . . without once seeing the magistrate."

Mary
Tyler goes on: "A child was brought into our care. Her father, a
widowed coal miner, had gone on hunger strike outside the colliery
manager's office after being redundant. On the fifth day he had been
arres-ted and since there was nobody to look after his three-year-old
daughter, he had been obliged to bring her to jail with him."

In
the Women's Reformatory, Jaipur, as on July 1, 1981, out of a total
number of 40 convicts, nine were charged with murder and attempted
suicide. Eight of them were fed up with life for various reasons
(poverty, fight with in-laws).

Once is not EnoughIf
you are poor and have once landed in jail-for whatever reason or no
reason-the probability of your being back in jail off and on is fairly
high. This is the impression I gathered from my talk with some of the
under-trials in Jaipur Central Jail. "When you are an undertrial and go
to the court every fortnight, the people, policemen everybody watches
you.. . . You are a 'criminal'. You will be nabbed again as a suspect
when-ever anything goes wrong in your locality. At the police lock-up
you will be beaten (if you do not bribe them) to extort a 'confession'."

"These
policemen," another undertrial said with anger, "ask you to steal and
demand their hafta (share). If you do not have the ill-gotten money, how
will you give them? And if you don't, they will throw you in jail. What
does one do? Keep away from crime and land in jail? Or, do all the
wrongs, give the dogs their share and be a free man outside?"

Often
when an undertrial is to be released, the jail authorities hold him and
ring up all the police stations if they "need" him There is many an
instance of a prisoner released by court and re-arrested at the jail
gate itself on some other charge. These tactics have been used
consistently against the political acti-vists of all hues in general and
the so-called Naxalites in particular.

While
some are physically prevented by the police from going to the court,
others-and there are reports to this effect-by sheer poverty may not be
able to get money to meet the travelling and bail expense. Absence in
court..., warrants issued... . back to jail.

The reader might well ask, "You are trying to appeal to our emotions."

Well,
yes, for why should one look at things in an emotionless manner ?
Figures, however convincing- and I shall cite statistics as also
official statements--- tend to hide the intense human misery.

According
to the 78th report of the Law Commission as on April 1, 1977, of a
total prison population of 1,84,169, as many as 1,01,083 (roughly 55%)
were under-trials. For specific jails, some other reports show:
Secunderabad Central Jail- 80 per cent under-trials; Surat-78 per cent
under-trials; Assam, Tripura and Meghalaya-66 per cent under-trials.

Most
under-trials are for petty offences (charges whose veracity itself is
quite questionable with the police trying to make a quick-rupee through
display of their uniform and 'danda'). Some are charged with murder. In
Sikar Jail, for example, there were cases where as many as nine
under-trials were charged with one murder. Some of them were not even in
the area of the crime. The records also show that children of eight
years are charged with murder. For instance, in Rajasthan, for which I
have detailed figures, for the four years 1975.79, of the total
convicted prisoners every year, over 65 per cent of the convicts had
been sentenced to less than a year. Less than 10 per cent of the
convicts were sentenced to over ten years impri-sonment. And as K.F.
Rustomji, former Inspector General of Police and former member of the
Police Commission, writes : "The number of criminal repeaters in India
is rather small. The number of dangerous criminals-psychopathic killers,
murderers, professional robbers, burglars and compulsive rapists-would
be very few."

A
further point that hardly needs any statistical corroboration-most of
those who are nabbed by the police and are unable to have themselves
bailed out are the poor. Those with resources, the big criminals, the
smugglers, corrupt politicians, tax evaders are people who are rarely
caught. Thus our institutions penalise not the violators of law but the
poor-crimes or no crimes.

Life Behind BarsWhat
are the conditions in jails? What is the effect of confinement on the
human psyche, away from friends and relatives, persistently nagged by
fears? Caught in his own complexes, with no one to console him, how does
a prisoner live through his years in jail?

Food, Accommodation and Medical TreatmentMost
of the jails were built in the nineteenth century or at the turn of
this century. They are in a state of disrepair and are overcrowded. The
Shah Comini-ssion reports that on the eve of the Emergency, in as many
as 15 of the 27 States and Union Territories, the actual population of
the prisoners far exceeded the authorised accommodation. In Assam there
were 7909 prisoners in accommodation meant for 4,930; Bihar- 38,407 as
against 21,140; Madhyn Pradesh-16,66 as against 12,388; Orissa-l0,222 as
against 6,668; Maha-rashtra-19,786 as against 14,801; West
Bengal-25,999 as against 20,237; Delhi 2,699 as against 1,273. And with
the imposition of Emergency thousands more were added.

The
food served to the prisoners is unfit for consu-mption. According to a
report of Seraikela Jail in Bihar in Economic and Political Weekly, July
1978, "Due to overcrowding, a number of prisoners have to spend the
nights actually sitting up. The prisoners are invariably very poor
people; but the food is so rotten that they find it revolting…..Quite
often the prisoners are ordered to lap up the dal which overflows on to
the floor. For vegetable the prisoners are fed with wild grass and
roots.... A glass of water was found to have no less than one inch of
mud at the bottom... . For 400 to 800 prisoners, there are just eight
latrines. The prisoners therefore defecate at the drains. In winter, six
of them have to huddle under one blanket. Tuber-cular prisoners sleep
with the as yet un-diseased ones."

Within
a state, the situation may be different in different jails. For
instance, in Rajasthan, satisfactory conditions prevail in Sikar Jail.
The Jailor, a cons-cientious young man, has allowed the prisoners to
form a panchayat which supervises the purchase and preparation of food.
Not only are the prisoners satis-fied about the arrangement, they
decided to donate one meal each to the flood affected victims in
Rajasthan in July, 1981.

However,
the situation was quite bad in Jaipur jail and worse still in Central
Jail, Ajmer and sub-jail, Jhunjhunu. In Jhunjhunu, where there was
incidentally no shortage of water, the jailor sanctioned half a bucket
of water per week per person for washing and bathing. There was
overcrowding, food was bad and inmates suffered from all sorts of skin
diseases. If any one complained, he was beaten up. (Police firing in
Samastipur Jail in January 1981, on prisoners protesting against bad
food is just one example. In Ajmer Jail, Rajasthan, on the basis of a
secret letter from prisoners, the ADM, Ajmer, conducted a surprise raid
in the jail in December, 1980, and found 83 quintals of wheat buried in
the jail compound. He also sealed the sand over which in des-peration,
the jail authorities had dumped edible oil. The prisoners went on hunger
strike. The DIG, Prisons. Rajasthan assured prisoners of an inquiry.
The result? The prisoners who had pointed out the misdeeds have been
transferred to different jails in Rajasthan. One of them was beaten so
much that his arm has been fractured.)

Medical
facilities-however meager-are available only in some central jails in
each state. In district and sub-jails, (asterisk) a compounder or some
registered medical practitioner is supposed to visit at regular
intervals; the visits never materialize.

"Natural" DeathsNo
wonder then that many prisoners die a "natural death" due to diseases
which are otherwise minor and curable. In Seraikela Jail which has a
capa-city of 82 and which was being used to keep 400 to 800 prisoners,
"143 prisoners, mostly adivasi under-trials died between 1973 and 1975".
Bhabani Shanker Hoota, a political activist, who spend some time in
Rourkela Special Jail, Orissa, during Emergency, tells us of two doaths
in judicial custody "due to the combined negli-gence of hospital and
jail staff." Similar are the comp-laints from Central Jail, Jaipur. Here
I came across, among other serious cases, a undertrial, a man of 22,
who was sent from Karoli to Central Jail, Jaipur "for treatment". His
right arm was fractured. Not only was the bone exposed, but about an
inch of it was jutting out. And what was worse, he had been in that
state for over 20 days when I met him. He had been going to the jail
doctor everyday and the doctor dutifully applied a yellow medicine and
bandaged it. Why was he not sent to the city hospital ? "No police guard
to accompany him to the hospital," was the reply. (However, three days
after my visit he was sent to the hospital and was operated upon.) In
Karnataka, Snehlata Reddy, a serious chronic asthma patient, was denied
proper medical treatment. She was refused parole in spite of the
doctor's recommendation and died with-in a week of her release.

Divide and RuleJails,
overcrowded with prisoners and commonly understaffed, are run on the
policy of 'divide and rule'. The Jail Manual provides that from amongst
the con-victs the authorities shall appoint "convict officers" (COs).
They are supposed to be some sort of prefects for the inmates, but
actually are the extra-institutional force of the jail authorities. The
Convict Officer is a prized position, for it entitles a remission in
jail sentence. These prisoners obtain better food from the mess and
sometimes the "sick diet" (milk, fruit, eggs).

As
a research student, when I said that I wanted to meet the prisoners in
Central Jail, Jaipur, the authori-ties would call for these C.Os. I
realised that they were viewed with hostility by the ordinary prisoners.
These C.Os. told me that "there are no problems in the jail.. food is
good. . medicines are available to sick.. Monday parades are held
regularly".

Ordinary prisoners had a different story to tell, of
course out of hearing of C.O.s who would invariable try to hang on when
an outsider interviewed the prisoner.

On
the weekly parades, which are held once in a month or two, the C.O.s
accompany the Superinten-dent along with the Jailor and Warders. The
Superin-tendent always moves into the wards with a massive force. If
anyone complains, the C.O.s beat up the prisoners at his behest. The
disobedient prisoners, those who 'instigate' the others, are handled by
C.O.s and the jail staff together. "Those who demand better conditions
and are rather persistent, are taken to the drama hall-meant for
recreational and cultu-ral activities-tied to the pillar and beaten up
by these people".

The substantial portion of the "income" of the
jail authorities is obtained through the C.O.s who are in direct touch
with the ordinary prisoners. They charge the prisoners for putting in a
word to the authorities for getting them remission in jail sentence or
allowing the prisoner to have "illegal" articles in the jail (ghee,
charas, or hasheesh). Often the promotion of a prisoner from an ordinary
convict to convict night watchman or convict officer is through bribing
the jail authorities. Most prisoners live in an atmosphere of fear and
suspicion. Though suffering is common to all, one does not see a sense
of unity among them.

Loneliness and FrustrationTheirs
is a closed existence; visits from friends and relatives are few and
far between for most prisoners. Many of them have not had a visit for
years together. Poor as their friends and relatives are, they find it
difficult to bear the transportation expenses to visit their kith and
kin in jail. Further, they are made to wait for hours at the jail gate;
in many jails the gate-keeper asks for a bribe.

Then
there are sexual perversions of all sorts. Homosexuality is widely
prevalent. The jail authori-ties turn a blind eye to this. When a young
boy enters, the prisoners have been known to have bid a price for the
boy. The price offered is in terms of 'bidis', soap or charas. Often
prisoners have been divided into camps and the groups have fought each
other on the issue of who shall have the new entrant.

Gross DiscriminationThe
stories of the comforts and favours given to some of the alleged
criminals, like Charles Sobhraj are well known. Santosh Rana writes
about Presidency Jail, Calcutta, during the Emergency: "Some smugglers
were there. They never ate jail food. Food reached them from their
houses everyday. Some had the privilege of going out to their houses at
night and coming back in the early morning". And you do not have to be a
smuggler or a kingpin to enjoy extra benefits. In Delhi jail, as those
who have been there will tell you, you could have whatever food you
wanted, only by paying a higher price. In Jaipur Jail, some prisoners
from well-to-do families and undergoing life sentence have no problems
in going out. On the pretext of going out to the city hospital "for
treatment" they go to their homes with or without the police guard,
returning to the jail gate by evening.

While
these people get police escort "to go to hospital", those who are
genuinely sick and in need of treatment but resource-less are, usually
not sent to the hospital. The plea of the jail authorities- "The police
does not send us the guards".

What
is worse is that even the law of the land allows for discriminatory
treatment. Some states classify prisoners as being in 'A', 'B' or 'C'
class on the basis of their income or social status. The Shah Commission
Report shows that even amongst MISA detenus, there was discriminatory
treatment in almost all states.

I
shall quote from the Shah Commission Report the part which deals with
MISA detainees in Gujarat which holds for other states too with some
variations. "The detaining authorities were autho-rised to classify the
prisoners according to their discretion. However in April 1976, the
Government issued certain guidelines treating Members of Parlia-ment,
Members of Legislative Assembly, Mayor, Deputy Mayor, Chairman of
Committees or Corpo-ration/President and Vice-President/Chairman of
Committee of District and Taluka Panchayat as Class I prisoners. As a
result of the petition filed by some of the detainees, the Government
gave an assurance to the- High Court to examine the case of each
detainee separately and further clarified on October 26, 1976 that
engineers, doctors, lawyers and persons paying income tax over a period
of 10 years of not less than Rs. 5000 a year, who had been detained for
political activities and Presidents of Municipalities, would be given
Class I status. Businessmen paying income tax of not less than Rs. 5000 a
year were also given Class I status..

The
treatment meted out to those arrested in the late 1960s and early
1970's under the pretext of their being "Naxalites" breaks even those
standards set by jail authorities themselves. Thousands still lang-uish
in prisons without trial. After intensive efforts by civil liberties
groups and many petitions to the Supreme Court some have been released
in Bihar and Andhra Pradesh. We just need to mention one ex-ample, that
of Nagbhushan Patnaik, to exemplify the physical and mental
deterioration that is the result of the brutal administration treatment
in our jails.

Our
judicial and penal system in its actual working obviously discriminates
between the rich and the poor. In this scheme of thing what can be the
case for prison reform?

Reforming the ReformatoriesLet us outline some of the contours of the problem:

Imprisonment of an overwhelming number of under-trials-many of them being held in custody for long periods.

Lack of accommodation-overcrowding, bad food and an almost complete absence of medical faci-lities.

While
hardened criminals are very few, severe restrictions are placed on
almost all prisoners. The whole approach is retributive rather than
reformative.

Prisoners demanding better treatment for them-selves have received lathis and bullets.

Rampant corruption in jail administration. One must note that the wage scale of the jail staff is also very low.

Lack of resources for jail administration, as one can infer from the low allocation for jails in the state and Central budgets.

Not all violators of law are penalised: it is the poor and quite often the innocent who are victi-mised.

The
prisoners are denied "natural habitat" which we try to provide even to
the animals we cage in our zoos. This coupled with the hopeless
condi-tions in jails affects them irreversibly.

Some SuggestionsFirst, since
on the one hand, we are confronted with imprisoning large numbers of
under-trials, and on the other there is serious overcrowding, why not
release the under-trials who have been in jail for long periods?

Many
would ask: "Courts take a long time to decide and we cannot afford to
release the murderers and potential criminals". As already mentioned
many of them are not criminals. We need only to recall that following
Supreme Court orders, the Bihar Government in 1979 released about 27,000
under-trials and there was no noticeable increase in crime.

Secondly, our
prison environments are unnatural and inhuman. Along with other aspects
of prison life, this leads to serious psychological disorders and even
insanity. The conditions, in fact, "mature" petty thieves into hardened
criminals. The "habitat" the prison must be changed. One possibility is
the open camp system.

The open camp experiment is. being
successfully carried out in Rajasthan. In Sampurnanand Open Camp,
Sanganer, 50 to 60 convicts -all murderers- live with their families.
There are no boundary walls, no fences with only four policemen as
guards. The convicts are free to pursue any vocation they choose. I met
one 'prisoner" at a tea stall-which is run by him; another one was
working on a government farm and also doing his own farming on one acre
piece of land from the government; yet another, a registered medical
practitioner had set up a clinic in the town. The prisoners who are
eligible for the open camp must have completed 1/3 of their sentence in
what can be described as the closed jail.

"The open camp", says
the Inspector General of Police, Rajasthan, "does not cost us much. We
have constructed the houses. We have given them some land. They earn
their own living. And what is the best thing about the camp is that
there has hardly been any instance of escape in the past five years. I
may add that to be chosen for open camp, prisoners have to sometimes
bribe their way through. The idea in itself is very good, is workable
and should be extended all over."

Thirdly, there
is no internal mechanism to check the functioning of the jails today,
which remain oppressive and cruel. Suggestions like employing jail staff
of high character, or the strict implementation of the jail manual do
not work. One section that can doggedly keep a close watch on the
prisoners' plight and make efforts to right the wrongs is the prisoners
themselves. They must have the right to assemble and organise into
panchayats. Their representatives must be involved in decisions
regarding food and maintenance.

Fourthly, the
supervision of the administration by the prisoners can be effective
only when the rights of prisoners are spelt out. The eight jail manuals
that I could collect-all of them, based on the Prisons' Act,
1894-contained detailed instructions on petty things like the width of
the belt to be worn by the staff, the number of holes per square inch on
the gauge to seive flour but there was not a single chapter on the
rights of the prisoners. While there is a need for a jail manual
incorporating reformative approach as against the old manual drafted by
colonial rulers primarily with a view to punish and suppress political
activities, particular attention should be given to clearly defining the
rights of prisoners. These rights must be enforceable in courts.

Fifthly, if
the rights of prisoners, as proposed, are to be implemented, provisions
must be made so that the jail staff do not violate them. These can be
checked by the prisoners only if they have the right to communicate such
instances to the judiciary and civil liberties groups freely and
fearlessly. The prisoners must, therefore, have the right to mail out
letters without any censorship by the jail authorities. Systematic
efforts to involve the public and raise their awareness on these issues
mtist be made simultaneously.

And lastly, what
needs urgent attention and action is the question of bias in the
operation of our police, judiciary and judicial custody against the
underprivileged and poor. Notwithstanding any amount of prison reform,
this bias will continue as long as there is gross inequality and
discrimination.

Parappana Agrahara Central Jail raided

A
surprise raid was conducted inside the Parappana Agrahara Central Jail
on Saturday afternoon. A team, headed by a senior police officer, raided
the prison canteen and some prisoners’ cells.

According
to the jail officials, the raid was conducted at 12.30 pm and the
search team found over Rs 2,500 in cash and some things which were
prohibited in side the canteen. They also recovered some items such as
expensive Basmati rice, sugar, mobile phone sets and several varieties
of vegetables. The officials also said that canteen staff were selling
cosmetic items like perfumes and luxury soaps to the prisoners.

According
to the jail sources, the state government has proposed the installation
of 3G jammers in Central jails of Mysore, Bangalore, Belgaum and
Bellary some equipment have been already brought to Parappana Agrahara
Jail.

Nearly 19 3G jammers will be fixed inside the jail and the installation work is in under progress.

VIPs bribe their way in prison too

VIPS LODGED in
Tihar jail have started to feel at home now. Officials said not one of
the high-profile inmates in Tihar has complained about the facilities or
the food inside the jail. Authorities seem to be taking special care of
them. All at a price.

Tihar’s
jail number 4, considered by inmates as the ‘jail for the kids’ has
never seen a VIP inmate of the stature of Commonwealth Games Organising
Committee’s former chairman Suresh Kalmadi. Dravida Munnetra Kazhagam
(DMK) MP Kanimozhi, accused in the 2G case, on the other hand, is
getting the VIP treatment by default.

“Higher-ups
have ordered that she be given special treatment”. Sources in the jail
said the VIPs in the various jails, especially Kalmadi, are being
provided facilities like no other VIP inmate has ever been provided.

The food prepared in jail number 4 is of a much better quality as compared with other jails.

Two
young assistants have been ‘hired’ for Kalmadi from among the inmates.
Their job is to keep his 10x12 feet cell spic and span, make sure he
gets food and water of good quality on time, and take care of other
errands.

“They
are paid good money by Kalmadi for the daily work they do. He makes
sure (through policemen) that they get jail coupons of a good amount
regularly and that their family members who visit them get some money,” a
source said.

People
who have served terms in Tihar say money can help get anything done
inside the jails. “Bribery is the safest bet inside the jail. Money can
help you hire domestic helps, get home-cooked food, and make sure you
are treated nicely by the authorities. It is a different world inside,”
says Iftikhar Gilani, a journalist who works with FW.

Gilani
served time in jail after the Special Cell of the Delhi police wrongly
arrested him under the Official Secrets Act in 2002.

Kalmadi’s
trusted aides Lalit Bhanot and VK Verma are lodged in the jail number
3. They too are getting the special treatment, “but not as much as
Kalmadi.”

Jail
3 is considered as a grade-II jail, while jail 4, where most inmates
are below 25 and are not hardened criminals, is considered a better one.

It was the lack of enough space that forced authorities to lodge Kalmadi’s aides in the grade-II sections of the jail.

Accused
in 2G case — Unitech Wireless Managing Director Sanjay Chandra, DB
Realty and Swan Telecom MD Vinod Goenka and Reliance Anil Dhirubhai
Ambani Group’s Gautam Doshi, Surendra Pipara and Hari Nair — are all
lodged in the ward number 4 of jail 3. Main accused A Raja, Shahid Balwa
and Siddharth Behura are in jail number 1 and they are better off.

The
Dravida Munnetra Kazhagam MP Kanimozhi is lodged in the jail number 6.
Her cell is kept cleaner and she is served special food everyday. She
also enjoys all help for free. “Even the food is served to her by
inmates who have been ordered to manage her needs,” says a source.

The
five corporate bigwigs accused in the 2G scam along with Bhanot and
Verma have together formed a group which pays well and gets work done as
per their demands. And nobody is complaining since the special ‘support
staff’ provided to these bigwigs share the earnings with others.

“It
is a simple give and take business inside the jail. People who help
rich inmates smuggle cash inside and manage the helpers who do their
work get the lion’s share of the payments,” says Gilani.

All the inmates are provided newspapers, magazines, and other journals that they ask for.

The
food served inside the jails for most inmates consists of a few dry
chapatis, some sabzi, dal and rice. The jail is considered the best
place to lose weight since the food served is generally prepared badly,
has low nutrition levels and is mostly not even enough for most.

None
of the VIPs, however, have lost weight, sources say. Food served to
them is prepared separately by a team of inmates working in the kitchens
under directions from the support staff.

Little wonder that nobody is complaining.

Sanjay Dutt out of jail 40% of time, Bombay HC asks why he is so special

On
March 21, when Bollywood actor Sanjay Dutt is due to return to Yerawada
Central Jail, he would have spent 118 of his 305 days of imprisonment —
almost 40 per cent of the time he is supposed to serve — either on
furlough for the treatment of his leg pain, or on parole sought citing
his wife Manyata’s illness.

This
apparent leniency of the state government came under the scanner of the
Bombay High Court Tuesday which told authorities that the general
outcry among people is that the diligence shown in granting Dutt’s
requests is not seen in cases of other convicts.

To
address this, the court said it was high time the rules for such relief
were looked into, and that there was a need for making “radical
changes” in the Prisons (Bombay Furlough and Parole) Rules, 1959.

The
court directed the state government to constitute a committee
comprising bureaucrats of the home department, representatives from jail
administration, and other competent officials for suggesting amendments
in the rules for granting parole and furlough to prisoners.

“The
state government has been granted four weeks’ time to carry out the
exercise. Considering the large number of absconding prisoners, proper
care has to be taken in modifying the rules,” the court said as it heard
a PIL on the matter.

Dutt’s
conviction for possession of arms in connection with the 1993 Mumbai
serial blasts case was upheld by the Supreme Court in March last year
and he was lodged in Yerawada in May to serve the rest of his five-year
sentence as he had spent 18 months in custody earlier.

In
the last week of September, he was granted a 14-day furlough which he
had sought to treat his leg pain. This was extended for another 14 days.

In
December, he was granted parole, which was extended once in January.
Dutt again applied to the divisional commissioner asking for another
one-month extension and this was granted a week back.

“On
March 21, when Dutt comes back, he would have spent 118 days out of
jail from the 305 days from May last year. He can again apply for
furlough and parole from May this year, which we think he will. Of these
118 days, 14 days of the extended parole will not be counted in his
sentence and he will have to serve it later,” said a senior prisons
department officer.

“Several
other inmates, including those serving for even very serious crimes,
are granted paroles and subsequent extensions. It’s just that his case
has attracted attention as he is a celebrity,” the officer said.

Rajendra
Dhamane, DIG in the prisons department, too defended the decision. “The
paroles are granted by the divisional commissioner. All procedures have
been followed from our side in granting the furlough,” he said.

Aeroplane is the most cruelest form of 3rd degree
torture perpetrated by police on suspects. Many innocent people have
confessed to crimes hey have not at all committed unable to bear the
torture , pain. Many innocents have been murdered in lock-ups by
police during these type of 3rd degree torture. Even if we
go by the logic of police that criminals only sing under torture &
they rightly deserve it , when a petty criminal stealing Rs.10000 is
fit for “AEROPLANE TORTURE” , what about criminals stealing crores of
rupees , what about corrupt police who aid tens of such big time
criminals by filing B-report , by putting weak case of prosecution , by
delaying tactics allowing for destruction of evidences , etc , what
about judges who acquits big time criminals , who give judicial orders
while they are in a drunken state , who acquit big criminals by
conducting hearings even on dates of government holidays (concocted).
ARE NOT THESE CORRUPT POLICE & JUDGES FIT FOR “BUSINESS
CLASS AEROPLANE RIDE TORTURE as per the same logic of police.

At the outset , e - Voice salutes the few honest police personnel who aresilently doing their duties inspite of pressures , harassment bypolitical bosses & corrupt superiors , inspite of frequent transfers ,promotion holdups , etc. overcoming the lure of bribe ,those few aresilently doing their duties without any publicity or fanfare. we salutethem & pay our respects to them and hereby appeal to those few honestto catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by justholding onto a thread of clue. Based on that clue they investigate like"Sherlock holmes" and apprehend the real criminals. nowadays , whenpolice are under various pressures , stresses - they are frequentlyusing 3rd degree torture methods on innocents. Mainly there are 3reasons for this :1) when the investigating officer (I.O) lacks the brains of Sherlockholmes , to cover-up his own inefficiency he uses 3rd degree torture oninnocents.2) When the I.O is biased towards rich , powerful crooks , to frameinnocents & to extract false confessions from them , 3rd degree tortureis used on innocents.3) When the I.O is properly doing the investigations , but thehigher-ups need very quick results - under work stress I.O uses 3rddegree torture on innocents.

Nowhere in statuette books , police are legally authorized to punishlet alone torture the detainees / arrested / accussed / suspects. Onlythe judiciary has the right to punish the guilty not the police. Eventhe judiciary doesn't have the right to punish the accussed /suspects , then how come police are using 3rd degree torture unabetted.Even during encounters , police only have the legal right , authorityto immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that useof 3RD DEGREE TORTURE by police is a detterent of crimes. It is false& biased. Take for instance there are numerous scams involving 100'sof crores of public money - like stock scam , fodder scam , etcinvolving rich businessmen , VVIP crooks. Why don't police use 3rddegree torture against such rich crooks and recover crores of publicmoney where as the police use 3rd degree torture against apick-pocketer to recover hundred rupees stolen ? double standards bypolice.

In media we have seen numerous cases of corrupt police officials inleague with criminals. For the sake of bribe , such police officialsbury cases , destroy evidences , go slow , frame innocents , murderinnocents in the name of encounter , etc. why don't police use 3rddegree torture against their corrupt colleagues who are aidingcriminals , anti nationals ? double standards by police.

All the bravery of police is shown before poor , innocents , tribals ,dalits , before them police give the pose of heroes. Whereas , beforerich , VVIP crooks , they are zeroes. They are simply like scarecrowsbefore rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose ofinvestigations police have scientific investigative tools likepolygraph, brain mapping , lie detector , etc. these scientific toolsmust be used against rich crooks & petty criminals without bias.

Hereby we urge the GOI & all state governments :1) to book cases of murder against police personnel who use 3rd degreetorture on detainees and kill detainees in the name of encounterkillings.2) To dismiss such inhuman , cruel personnel from police service and toforfeit all monetary benefits due to them like gratuity , pension ,etc.3) To pay such forfeited amount together with matching governmentcontribution as compensation to family of the victim's of 3rd degreetorture & encounter killings.4) To review , all cases where false confessions were extracted frominnocents by 3rd degree torture.5) To make liable the executive magistrate of the area , in whosejurisdiction torture is perpetrated by police on innocents.6) To make it incumbent on all judicial magistrates ,to provide atorture free climate to all parties , witnesses in cases before hiscourt.7) To make public the amount & source of ransom money paid to forestbrigand veerappan to secure the release of matinee idol mr. raj kumar.8) To make public justice A.J.Sadashiva's report on "torture oftribals , human rights violations by Karnataka police in M.M.HILLS ,KARNATAKA".9) To make it mandatory for police to use scientific tools ofinvestigations like brain mapping , polygraph , etc without biasagainst suspects rich or poor.10) To include human rights education in preliminary & refreshertraining of police personnel.11) To recruit persons on merit to police force who have aptitude &knack for investigations.12) To insulate police from interference from politicians & superiors.13) To make police force answerable to a neutral apex body instead ofpolitical bosses. Such body must be empowered to deal with all servicematters of police.14) The political bosses & the society must treat police in a humanemanner and must know that they too have practical limitations. Then ona reciprocal basis , police will also treat others humanely.15) The police must be relieved fully from the sentry duties of biggies& must be put on detective , investigative works.

Nowadays , we are seeing reports of corruption by police & judges in the mediaand are also seeing reports of raids by vigilance authorities seizing crores ofwealth from such corrupt police. Some Judges have also amassed crores of wealth.Who gives them money ? it is rich criminals , anti-nationals . By taking bribe &hiding the crimes of criminals , the corrupt police & judges are themselvesbecoming active parties in the crimes , anti-national activities. Thoseshameless , corrupt police & judges are nothing but traitors & anti – nationalsthemselves. When an innocent is subjected to 3rd degree torture to extract truthwith justification by investigating agencies that all for the sake of nationalsecurity , what degree of torture these corrupt , anti-national police & judgesqualify for ? what type of aeroplane or helicopter the corrupt police / judgesmust ride ? ofcourse , for protection of national security. Here also police &judges have double standards , what a shame.

We at e – voice are for "Rule of Law" & abhor all type of violence. Truly thesepolice & judges are not building a Ram Rajya of our Mahatma Gandhi's dream.

Jai Hind. Vande Mataram.

Your's sincerely,

Nagaraj.M.R.

CRIMINALS IN POLICE UNIFORM- An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,brutality & corruption . in India, police are not impartially enforcinglaw instead are working as hand maidens of rich & mighty. The corruptpolice officers are collecting protection money from criminals ,collecting money to go slow on investigations , to file B- reports , tofix innocents in fake cases , to murder innocents in lock-up /encounters . they are hand in league with land mafia , today C.M ofKarnataka himself issued a warning to police officials about this.Even in lock-ups , jails, the rich inmates bribeofficials get better food from outside , mobile phones , drugs , drinks, cigareetes , etc. they get spacious cells & get best private medicalcare . where as the poor inmates are even denied food , health care ,living space as per the provisions of law. The corrupt jail officialsinstigate rowdy elements in the jails to assault poor inmates & to toetheir line. More corrupt the police more wealthier he is. Even CBIofficials are no different. The only beacon of hope is still there arefew honest people left in the police force.Hereby , e-voice urges you to make public the followinginformation in the interest of justice.

They are our own Gitmos. Where, far away from the eyes of the law, 'enemies ofthe state' are made to 'sing'. THE WEEK investigates

By Syed Nazakat

Little Terrorist, as the intelligence sleuths came to call him, turned out to bea hard nut to crack. No amount of torture would work on 20-year-old MohammedIssa, who was picked up from Delhi on February 5, 2006. The Delhi Policebelieved that he had a hotline to Lashkar-e-Toiba deputy chief Zaki-ur-RehmanLakhwi, who later masterminded the 26/11 attack on Mumbai. At a secret detentioncentre in Delhi, the police and intelligence officers tried every single torturemethod in their arsenal-from electric shock to sleep deprivation-to make Issasing. He stuck to his original line: that he had come from Nepal to visit arelative in Delhi. Only, they refused believe him.

According to the police, the youth from Uttar Pradesh, who had moved to Nepal in2000 along with his family after his father, Irfan Ahmed, was accused in aterrorism case, returned to India to set up Lashkar modules in the nationalcapital. More than six months after he was picked up, the police announced hisarrest on August 14. He has since been shifted to the Tihar jail. His lawyerN.D. Pancholi said Issa was kept in illegal custody for months. If not, let thepolice say where he was between February 5 and August 15, he challenged.

Issa could have been detained in any of Delhi's joint interrogation centres,used by the police and intelligence agencies to extract precious informationfrom the detainees using methods frowned upon by the law. As one top policeofficer told THE WEEK in the course of our investigation, these torture chambersspread across the country are our "precious assets". They are our own littleGuantanamo Bays or Gitmos (where the US tortures terror suspects fromAfghanistan and elsewhere for information).

Not many admit their existence, because doing so could result in human rightsactivists knocking at their doors and bad press for the smartly dressedintelligence men. It is a murky and dangerous world, according to K.S.Subramanian, Tripura's former director-general of police, who has also served inthe Intelligence Bureau. "Such sites exist and are being used to detain andinterrogate suspected terrorists and it has been going on for a long time," hetold THE WEEK. "Even senior police officers are reluctant to talk about thesystem." So are people who have been to these virtual hells that officially donot exist.

THE WEEK has identified 15 such secret interrogation centres-three each inMumbai, Delhi, Gujarat and Jammu and Kashmir, two in Kolkata and one in Assam.(One detention centre that is shared by all security and law enforcementagencies is in Palanpur, Gujarat.) Their locations have been arrived at afterspeaking to serving and retired top officers who had helped set up some of thesefacilities. Those who have spent time in these places had no idea where theyare. They were taken blindfolded and were allowed no visitors. The only facesthey got to see were those of the interrogators, day in and day out.

The biggest of the three detention centres in Mumbai, the Aarey Colony facilityin Goregaon, has four rooms. The Anti-Terrorism Squad questioned Saeed Khan(name changed), one of the accused in the Malegaon blasts of September 2006,here. He was served food at irregular intervals (led to temporarydisorientation) and was denied sleep. Another secret detention centre maintainedin the city by the ATS at Kalachowky has a sound-proof room. Sohail Shaikh,accused in the July 2006 train bombings, was held here for close to two months."He was kept in isolation for days together," said an officer. "He crumbledafter being subjected to hostile sessions. Intentional infliction of sufferingdoes not always yield immediate results. Sometimes you have to wait for manydays for the detainee to break. It is a tedious process." The smallest of thethree facilities at Chembur has just two rooms.

Parvez Ahmed Radoo, 30, of Baramulla district in Kashmir, was illegally detainedin Delhi for over a month for allegedly trying to plot mass murder in thenational capital on behalf of the Jaish-e-Mohammed. The Delhi Police'schargesheet says he was arrested from the Azadpur fruit market in Delhi onOctober 14, 2006. But according to Parvez's flight itinerary, he travelled fromSrinagar to Delhi on September 12 on SpiceJet flight 850. The flight landed atDelhi airport at 12.10 p.m. He had to catch another flight at 1.30 p.m.(SpiceJet flight 217) to Pune, where, according to his parents, he was going topursue his Ph.D. But he never boarded the Pune flight as he disappeared from theDelhi airport.

Parvez wrote an open letter from the Tihar jail, where he is currently held, inwhich he said he was arrested from the airport on September 12 and kept incustody for a month. Apparently, he was first taken to the Lodhi Colony policestation and then to an apartment in Dwarka, where electrodes were attached tohis genitals and power was switched on. (Delhi's secret detention centres arelocated at Dwarka in south-west Delhi, the Inter-state Cell of the Crime Branchin Chanakyapuri in central Delhi, and the Lodhi Colony police station in southDelhi.)

"After my arrest on September 12, I was taken to Pune, where I was shownpictures of many Kashmiri boys," Parvez said in the letter. "They wanted me toidentify them. As I didn't know any one of them, they brought me to Delhi againand threw me into the torture chamber of Lodhi Road [sic] police station. Theytook off my clothes and started beating me like an animal, so ruthlessly that myfeet and fingers started bleeding. I was later forced to clean the blood-stainedfloor with my underwear. They gave me electric shocks and stretched my legs toextreme limits, resulting in internal haemorrhage. I started passing blood withmy urine and stool. Later I was shifted to one flat near Delhi airport [he lateridentified the place as Dwarka]. From the adjacent flats, voices of crying andscreaming had been coming, indicating presence of other persons being tortured."

Throughout his detention, wrote Parvez, he was asked to lie to his parents thateverything was fine. In the letter he also gave the mobile number from which thecalls were made-9960565152. His family is trying to collect the call sitedetails of the number to prove his illegal detention.Delhi-based journalist Iftikhar Geelani, who spent nine days in the Lodhi Colonypolice station after his arrest in 2002 on spying charges, is yet to get overthe traumatic experience. "There are lock-ups with such low ceilings that aperson will not be able to stand," he said. "There is an interrogation centrewithin the police station where people are brutally tortured with cables, andsome are completely undressed and abused. They also have a facility to raise thetemperature of the cell to a point where it is unbearable and then suddenlybring it down to freezing cold."

Assistant Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied theexistence of such facilities. "Nobody ever asked me the question [about secretdetention centres]," he said. "We don't operate any such facility in our policestations."But Maloy Krishna Dhar, former joint director of the IB, confirmed the existenceof secret detention centres in Delhi and other parts of the country. He wasconvinced that detention outside the police station and torture are aninevitable part of the war on terrorism. "Now I would never dream of doing thethings I did when I was in charge," said Dhar. "But security agencies need suchfacilities." Interrogating suspected terrorists at secret detention centres, hesaid, is the most effective way to gather intelligence. "If you produce asuspect before court, he will never give you anything after that," he said. Inother words, once you record the arrest you are within the realm of the law andyou have to acknowledge the rights of the accused-arrested and contend with hislawyer.

An officer who worked in one of the detention centres admitted that extremephysical and psychological torture, based loosely on the regime in GuantanamoBay, is used to extract information from the detainees. It includes assault onthe senses (pounding the ear with loud and disturbing music) and sleepdeprivation, keeping prisoners naked to degrade and humiliate them, and forciblyadministering drugs through the rectum to further break down their dignity. "Theinterrogators isolate key operatives so that the interrogator is the only personthey see each day," he said. "In extreme cases we use pethidine injections. Itwill make a person crazy."

Molvi Iqbal from Uttar Pradesh, a suspected member of theHarkat-ul-Jihadi-Islami who is currently lodged in Tihar, was held at a secretdetention centre for two months according to his relatives. They alleged thatduring interrogation a chip was implanted under his skin so that his movementscould be tracked if he tried to escape. "He fears that the chip is still insidehis skin," said one of his relatives. "That has shattered him."

Kolkata has its own Gitmos in Bhabani Bhawan, now the headquarters of theCriminal Investigation Department, and the Alipore Retreat in Tollygunj, abungalow that is said to have 20 rooms. They were bursting at the seams at theheight of the Naxalite movement, but are more or less quiet now. "A large numberof innocent people, as well as suspected terrorists, have disappeared afterbeing taken to such secret detention centres," said Kirity Roy, a Kolkata-basedhuman rights lawyer. "Their bodies would later be found, if at all, in thefields."

That was how militancy was tackled, first in Punjab and then in Kashmir. Todayno secret prison exists in Kashmir officially after the notorious Papa-2interrogation centre was closed down. But secret torture cells thrive across thestate. The most notorious ones are the Cargo Special Operation Group (SOG) campin Haftchinar area in Srinagar and Humhama in Budgam district. Then there arethe joint interrogation centres in Khanabal area of Anantnag district and TalabTillo and Poonch areas in Jammu region. Detentions at JICs could last months.Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking thewhereabouts of the detainees and the charges against them without avail.

The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, whowas picked by the SOG from Alucha Bagh area in Srinagar on May 18. His familyalleged that he was chained up, hung upside down from the ceiling and ruthlesslybeaten up. He died the same night. Following public outrage, the officer incharge of the camp was dismissed from the service in June.

Maqbool Sahil, a Srinagar-based photojournalist who was held at Hariniwasinterrogation centre for 15 days, says it is a miracle that he is alive today."If you tell them [interrogators] you are innocent, they will torture you soruthlessly that you will break down and confess to anything," he says.Human rights organisations are understandably concerned. Navaz Kotwal,coordinator of the Commonwealth Human Rights Initiative, said that there shouldbe an open debate on the illegal detention centres. "The US had a debate on theGitmos. Our government should come forward and respond to these allegations,"she said.

No one wants to compromise the nation's safety, but the torture becomesunbearable, and questionable, when innocent people like the 14-year-old boyIrfan suffer (see box on page 30). The security of the country and its people isimportant and terrorism should be crushed at all cost. But the largest democracyin the world should also ensure that human rights are not violated.

Dhar defended the secret prison system, arguing that the successful defence ofthe country required that the security establishment be empowered to hold andinterrogate suspected terrorists for as long as necessary and withoutrestrictions imposed by the legal system. "The primary mission of the agenciesis to save the nation both by overt and covert means from any terrorist threat,"he said. "But to keep the programme secret is a horrible burden."with Anupam Dasgupta

Worlds oldest democracy United States may have been forced to close GuantanamoBay detention centre, but the largest democracy India runs 40 such secretchambers across the country, where suspects are subjected to extremeinterrogation for months and years.A leading news magazine The Week in its forthcoming issue, accessed by KT NewsService (KTNS), revealed the horror of torture chambers, far from the eyes oflaw.The investigating team of the magazine identified 15 secret interrogationcentres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two inKolkatta and one in Assam. Officials admit that there could be more and roughlyput their numbers at 40. In Palanpur region of Gujarat all security agenciesshare one detention centre, the magazine report said. It maintained that mostlysuspects were brought blindfolded so they could hardly pinpoint the place,adding, the only faces they got to see were those of the interrogators.The magazine quoted Parvez Ahmed Radoo, 30, of Baramulla district, a student inPune University, who was illegally detained in Delhi, as saying that he, in hisopen letter, from notorious Tihar jail, wrote that electrodes were attached tohis genitals and power was switched on during interrogation in the centre.A large number of innocent people, as well as suspected terrorists, havedisappeared after being taken to such secret detention centres, said Kirity Roy,a Kolkata-based human rights lawyer.The report further said that in Kashmir, there were many interrogation centreslike the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagarand Humhama in Budgam district.There are the joint interrogation centres in Khanabal area of Islamabad districtand Talab Tillo in Jammu and one in Poonch.It said that the lawyers in Kashmir had filed 15,000 petitions since 1990seeking the whereabouts of the detainees and the charges against them withoutavail.The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, whowas picked by the SOG from Aloochi Bagh area in Srinagar on May 18. His familysaid that he was chained up, hung upside down from the ceiling and ruthlesslybeaten up.He died the same night.Quoting KS Subramanian, former Director General of Indian police who had alsoserved in the Intelligence Bureau, the report said that these sites existed andwere being used to detain and interrogate suspects and it had been going on fora long time.An officer, who worked in one of the detention centres admitted that extremephysical and psychological torture, based loosely on the regime in GuantanamoBay, was used to extract information from the detainees.It included assault on the senses like sleep deprivation, keeping prisonersnaked to degrade and humiliate them, and forcibly administering drugs throughthe rectum to further break down their dignity.

In India, Torture by Police Is Frequent and Often Deadly

By Rama LakshmiMEERUT, India -- Rajeev Sharma, a young electrician, was sleeping when policebarged into his house a month ago and dragged him out of bed on suspicion of aburglary in the neighborhood, his family recalled.

When his young wife and brother protested, the police, who did not show them anarrest warrant, said they were taking Sharma to the police station for "routinequestioning."

"Little did we know that we would lose him forever," said Sunil Sharma, Rajeev'sbrother, recounting how he died while in police custody. "Their routinequestioning proved fatal," he added, sitting beside his brother's grievingwidow.

Rajeev Sharma, 28, died at the police station within a day of his detention.Police said he committed suicide, but his family charges that he was beaten andkilled.

The case highlights the frequent use of torture and deadly force at local policestations in India, a practice decried by human rights activists and the IndianSupreme Court. A little more than a decade after Parliament established theNational Human Rights Commission to deal with such abuses, police torturecontinues unabated, according to human rights groups and the Supreme Court.According to the latest available government data, there were 1,307 reporteddeaths in police and judicial custody in India in 2002.

"India has the highest number of cases of police torture and custodial deathsamong the world's democracies and the weakest law against torture," said RaviNair, who heads the South Asia Human Rights Documentation Center. "The policeoften operate in a climate of impunity, where torture is seen as routine policebehavior to extract confessions from small pickpockets to political suspects."He said that laws governing police functions were framed under British colonialrule in 1861 "as an oppressive force designed to keep the population undercontrol."

Police records show that, two weeks before his detention, Rajeev Sharma made aelectrician's service call at the home of a wealthy businessman. On that day,the man reported that $500 worth of gold jewelry and about $100 in cash weremissing, police said.

After Sharma's detention, his brother called the police station and was toldthat Sharma had confessed to the theft, he said. The brother said he and otherfamily members rushed to the station and were able to see Sharma briefly.

"His eyes were red, his mouth was bleeding and he could hardly walk. They hadbeaten him very badly. That was the last glimpse we had," said Sunil Sharma, 35."By the evening, the police informed us that he had committed suicide in thelockup by hanging himself with a blanket. The suicide story is a coverup; mybrother died of police torture."

The death in police custody sparked two days of rioting and protests in Meerut,about 45 miles from New Delhi, in the northern state of Uttar Pradesh. Angryresidents surrounded and threw stones at the police station, burned policevehicles and blocked traffic.

Thousands participated in Sharma's funeral procession; protesters demanded anopen inquest by a panel of physicians and the immediate arrests of thoseresponsible.

Police conducted an autopsy in private, lawyers close to the case said. Butauthorities did issue arrest warrants for the man who said he had been robbedand for six police officers, an apparent reaction to the unusual popular outcry,family members and lawyers said. The merchant is in jail, alleged to haveparticipated in beating Sharma, but the police officers apparently have fled,authorities said.

Although the Indian government signed the international Convention AgainstTorture in 1997, it has not ratified the document. Some members of Parliamenthave argued against ratification, saying they oppose international scrutiny andasserting that Indian laws have adequate provisions to prevent torture. Humanrights advocates said Uttar Pradesh ranks highest among Indian states in theincidence of police torture and custodial deaths.

Some police officers justify the use of torture to extract confessions andinstill fear.

"The police in India are under tremendous pressure, as people need quickresults. So we have to pick up and interrogate a lot of people. Sometimes thingsget out of control," said Raghuraj Singh Chauhan, a newly assigned officer atthe station where Rajeev Sharma died. "After all, confessions cannot beextracted with love. The fear of the police has to be kept alive -- how elsewould you reduce crime?" he added, fanning himself with a police file folder.

A senior police officer in Meerut, on condition of anonymity, openly discussedtorture methods with a visiting reporter. One technique, he said, involves atwo-foot-long rubber belt attached to a wooden handle.

"We call this thing samaj sudharak," the officer said, smiling, using the Hindiphrase for social reformer. "When we hit with this, there are no fractures, noblood, no major peeling of the skin. It is safe for us, as nothing shows up inthe postmortem report. But the pain is such that the person can only appeal toGod. He will confess to anything."

Last September, in a written ruling in a case of police misconduct, the SupremeCourt criticized the use of torture. "The dehumanizing torture, assault anddeath in custody which have assumed alarming proportions raise serious questionsabout the credibility of the rule of law and administration of the criminaljustice system," the court said. "The cry for justice becomes louder andwarrants immediate remedial measure."

"About 40 percent of custodial torture cases are not even reported. They arejust grateful for God's mercy that they are alive and free," said Pradeep Kumar,a human rights lawyer who has represented police torture victims in UttarPradesh. "Torture sometimes leads to permanent disability, psychological trauma,loss of faculties."

The National Human Rights Commission, led by a retired Supreme Court justice,has faced criticism that it is too dependent on the government and lacksenforcement power.

"We have not been able to build a human rights culture in the police force,"said Shankar Sen, a former police officer and an ex-member of the commission."It is not only individual aberration but a matter of systemic failure."

The commission has ordered that cameras be installed in police stations tomonitor and deter police brutality.

"In the past year we have spent about $600,000 to equip most of the policestations in New Delhi with a camera. This will make police functioningtransparent and have a big impact on torture," said Maxwell Pereira, a seniorpolice official in the capital.

But critics and families of victims said they had not seen changes. In amuch-publicized case in New Delhi last fall, five policemen were charged withbeating and killing Sushil Kumar Nama at a police station.

Nama had been detained on suspicion that he was working with neighborhoodgamblers. Four of the police officers were arrested in April, but one remains atlarge, authorities said. Police officials denied that Nama was tortured, sayinghe died of a heart attack after he was released from custody.

"My two children are so traumatized that now they run home scared every timethey see a policeman on the street," said Nama's wife, Rekha, 29. "They knowthat danger lurks behind that uniform. They are not policemen, they are wolves."

On the wrong side of law

By Geeta PandeyBBC News, Delhi

Chunchun Kumar

Chunchun Kumar's wound is still raw

For Chunchun Kumar of Bihar's Nawada district, it was just another evening as helounged around at a tea stall in his village along with a friend.

But, then something happened that changed his life.

"It was 17 March of this year. There were six of them. When we first saw them,they were beating up the temple priest. He was lying on the ground, they werekicking and punching him," Kumar says.

"Then they started hitting two other men. Then they came into the tea shop andthey beat us black and blue. Then they fired at us."

Kumar lifts up his shirt to show a bullet mark on his abdomen. The wound isstill oozing.

The perpetrators were no ordinary criminals.

Says Kumar, "They were all policemen. I don't know why they were angry. Theywere all drunk, they were like drunk elephants, they went on a rampage."

The shocked villagers complained to the police authorities, and the offendingpolicemen were suspended from duty and arrested.

"Two of the policemen who were inebriated vandalised the tea shop and beganfiring despite protests from their other colleagues. They were arrested and,although they have been released on bail, they are facing criminal charges."

Kumar's fight for justice recently brought him to the Indian capital, Delhi,where he narrated his story at India's first National People's Tribunal onTorture.

Activists say torture by police is rampant in India.

"The problem of torture is very serious. Today we have around 1.8 million casesof police torture each year in India," says Henri Tiphagne of People's Watch, anNGO.

Policemen in India

The police are often a law unto themselves, say campaigners

Mr Tiphagne says the victims mostly are from the poorer sections of society.

"They are generally the (low-caste) Dalits, the tribals and the Muslims. Andtorture is used by those who are in power, those who possess, the landlords andthe companies who put pressure on the police to carry out torture," Mr Tiphagnesays.

"It's a kind of stereotype being dished out by the NGOs and activists. Andbecause police have a bad reputation, so people take such allegations to becorrect.

"We do not condone any human rights violations by police in any manner, and suchcases are rare. We have a mechanism in place to deal with such cases andpenalise the guilty," Mr Sinha says.

Shankar Sen, a retired police officer and former member of the human rightscommission, says: "The policeman's work is very complex, there are pressure onhim to deliver results, the police are exposed to extraneous influences andpressures."

But, he says, that does not condone torture. "It's illegal, and as a policeman Iknow it doesn't work."

Mr Sen admits that police torture is prevalent. "Torture does take place, it'svery common, but it's unacceptable. Some allegations against the police areshocking."

Meenakshi Ganguly of Human Rights Watch says nearly every police station inIndia can be held guilty of torture.

'Arbiter of justice'

In many parts of the country, she says, the situation is so bad that people willnot got to a police station to file a case fearing prosecution and retribution.

"There is this pattern of impunity. The fact that police believe they can getaway with it has added to the problem," Ms Ganguly says.

"The greater problem is that an average policeman believes himself to be thearbiter of justice. Instead of going to the court, he himself is deliveringjustice.

Arun Kumar with parents PP Raju and Lakshmi

Arun Kumar's mental age has been reduced to one year

"The policeman is not supposed to punish the criminal, he is supposed to catchthe criminal," she says.

For the victims of torture and their families, it is a long haul.

Arun Kumar of the southern city of Bangalore was picked up by the police afterhis employer suspected him of having an affair with his wife.

Kumar's parents, PP Raju and Lakshmi, say their family home was ransacked, Kumarwas taken to the police station where he was beaten up and tortured for days.

Unable to bear the pain and the trauma, Kumar drank pesticides in an attempt tokill himself.

He survived, but his parents say their son's mental age has been reduced to oneyear - he is on medication and requires constant care.

The guilty policeman was suspended for a week, but reinstated later. The familyhas a long fight ahead of them.

'Deterrence'

Says Mr Tiphagne, "A case I initiated in 1981 ended in 2007 with the dismissalof the officer. So I have hope in Arun Kumar's case too."

But, he says, this long wait can be a huge deterrence for even the mostdetermined.

Henri Tiphagne of People's Watch.

Mr Tiphagne says nearly 2 million cases of torture take place in India everyyear

"The torture at the police station ends, but the torture of institutionscontinues. It's more of a psychological and mental nature, it is verychallenging. Most people don't have the courage to withstand that, very fewsurvive that," Mr Tiphagne says.

So while the victims continue to live with the trauma, most of the perpetratorsget away.

They are also emboldened by the fact that India has no clear law on torture.

The country signed the UN Convention on Torture in 1997, but even 10 yearslater, it has not ratified it.

"We have to change our culture. We have to create awareness that torture isillegal. The civil society will have to get involved," says Meenakshi Ganguly.

"People will have to get past the fact that torture happens only to otherpeople. And once that happens, it will change," she says.

INDIA: No to torture, establish rule of law!The first Prime Minister of India Mr. Jawaharlal Nehru said "Police is standingon a quadrilateral from where they can protect and also violate human rights?"But it seems that his words are of no use in India today since there is anenormous increase in the incidents of police torture during past few decades.

It is apparent that police is the largest agency constituted with the purpose ofestablishing the rule of law and human rights. One can read into the IndianPenal Code, with certain difficulty, the prohibition against torture. Statementsrecorded from witnesses under Section 161 of the Criminal Procedure Code are notblindly admissible in a criminal trial. If the law is so, the next obviousquestion is then why do the police resort to torture?

The main reasons are feudal and colonial structure of police, scarcity ofresources in the police department, political intervention and the lack of anindependent agency to investigate the crimes committed by the police themselves.Modern investigation is unheard of within the police department. In addition,India's feudal society condones the use of torture.

The definition of torture as envisaged in the UN Convention Against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment defines torture as an"act by which severe pain or suffering, whether physical or mental, isintentionally inflicted on a person for such purposes as obtaining from him or athird person information or a confession, punishing him for an act he or a thirdperson has committed or is suspected of having committed, or intimidating orcoercing him or a third person, or for any reason based on discrimination of anykind, when such pain or suffering is inflicted by or at the instigation of orwith the consent or acquiescence of a public official or other person acting inan official capacity."

Section 176 (A) of Cr.P.C. have provisions for the investigation in the eachcase of custodial death. However, this section is not used in any case in theentire Uttar Pradesh state. Neither have any Magistrates issued search warrantsunder Section 97 of Cr.P.C. when persons were taken into illegal custody.

The Supreme Court of India had issued guidelines to be followed bylaw-enforcement officers at the time of arrest and questioning in the case D.KBasu vs. West Bengal. It is mandatory for the law-enforcement agencies tofollow, but is been negated in the state. Regarding encounter killings, theNational Human Rights Commission has directed the country's police to registercases in every case of reported encounter killings. The Commission has alsodirected to send it a video of the post-mortem examination in each case ofcustodial death. This also is not followed in the state and to the informationof the PVCHR anywhere in the country. The question than is what is the value ofthe Supreme Court and the NHRC in the country?

There is a provision for interim relief to be awarded as compensation underSection 19 of Human Right Act. Article 21 of Indian Constitution guarantees theright to life with dignity, which is also against torture. But torturecontinues unabated in the state. Do laws in the country have any meaning then?

If we look at the statistics, it is mostly the poor, the marginalised, theDalits and the members of the minority and backward communities are subjected totorture. Those who have mafia gangs and known antisocial elements are notvictims of this, cruel practice other than some rare occasions. Only theordinary people are afraid of the police and the torture they practice. So doesIndia have two types of citizens -- the one with rights and those who do nothave them?

Police along with the criminals have established the rule of the lords.Corruption and discrimination are no more mere practices, but the second natureof the police. Rule of law can be established without preventing police torture.Let us come together to enlighten ourselves and fight against torture to stop itand thus establish rule of law.

What you can do?

1) Protest on 26th June against the practice of torture by street plays,organising discussions and sending letters to the Prime Minister, and throughpress releases in newspapers condemning torture and inform us what you did;2) Indian Government has signed the UN Convention in 1997 but has failed toratify it. Send letters to the Prime Minister and the President of India askingthem to require the government to accede the convention;3) In protest of the cases of torture happening right under the nose of theNational Human Rights Commission, organise a protest in front of the Commission;4) Write letters to the editor of publications condemning torture;5) To sensitize the people about torture and its forms, take down cases thatyou come across and send it to us so that we could follow it up on your behalf;6) Write to the Supreme Court asking why its orders and guidelines are notfollowed;7) Write to the government urging the government to provide resources to thepolice to function properly.

Guantanamo, Abu Ghraib... Bagram?INVESTIGATION:
US detention centre under suspicion as eerily familiar claims OF
torture and rendition flights surface from the airbase on the outskirts
ofKabul. by Ian Pannell, BBC Afghanistan CorrespondentNOOR HABIB'S hands shake as he draws a picture of how he says he was abused. Heclaims that he was taken to a small, darkened cell where his arms were tied tothe ceiling and he was made to stand in waist-deep water for six hours at atime.

[Mohammad Nasim says he was asked if he knew Osama Bin laden.]Mohammad Nasimsays he was asked if he knew Osama Bin laden.

He says he was beaten, threatened with dogs, and deprived of sleep. He alsoclaims there was nothing unusual about his treatment, "everyone else has thesame story".

Habib was an inmate at the Bagram Theater Internment Facility, an Americanmilitary detention center outside Kabul. Now, for the first time, detailedallegations of widespread abuse and neglect have been made about this top-secretcamp.

"I didn't think a prison like Bagram ever existed on earth. It is a place thathas no rules or law," says Sabrullah, another ex-inmate.

Over a period of more than two months, we tracked down 27 former detainees.There were others, but they were afraid to speak or had been warned not to. Justtwo said they had been treated well. Many allegations of ill-treatment appearrepeatedly in the interviews; physical abuse, the use of stress positions,excessive heat or cold, unbearably loud noise, being forced to remove clothes infront of female soldiers and in four cases, being threatened with death atgunpoint.

The account of an inmate known as Dr Khandan is one of the most harrowing. Hesays he was kept in isolation for months and treated worse than an animal: "Theydeprived us of sleep, they put us in a cold room and turned the air conditioningon and would take away the blanket. They poured cold water on you in winter andhot water in summer. They used dogs against us. They put a pistol to your headand threatened you with death. They put some kind of medicine in the water tomake you sleepless and then they would interrogate you."

All the men who spoke to us were interviewed in isolation and they were allasked the same questions. They were held at times between 2002 and 2008 and theywere all accused of belonging to or helping al-Qaeda or the Taliban.

None of the inmates were charged with any offense or put on trial; some evenreceived apologies when they were released. While none of the allegations can beindependently verified, the ill-treatment they describe also appears in aninquiry by US Senators into the handling of detainees in US custody, and theymatch the findings of interviews with ex-inmates conducted by human-rightsorganizations and legal groups. They are very similar to the methods that wereused at Abu Ghraib prison in Iraq and Guantanamo Bay in Cuba.

"The conditions at Bagram were harder than Guantanamo," says Taj Mohammed. Thecamp has held thousands of people over the last eight years and a newmulti-million dollar detention center is currently under construction.

Most of the inmates are Afghans but some were captured abroad and brought hereunder a process known as "extraordinary rendition", including at least twoBritons. The Obama administration says they are dangerous men and it classifiesthem as "terrorist suspects" and "enemy combatants" rather than "prisoners ofwar".

It is a legal classification that critics say deliberately denies inmates accessto lawyers or the right to appeal or even complain about their treatment.

The Pentagon has denied the charges and it insists that all inmates are treatedhumanely. We were not allowed to visit Bagram, nor was anyone made available foran interview. Instead, a spokesman for the US Secretary of Defense responded towritten questions. Lieutenant Colonel Mark Wright insisted that conditions atBagram meet international standards for care and custody. In a statement, hesaid: "Department of Defense policy is and always has been to treat detaineeshumanely. There have been well-documented instances where that policy was notfollowed, and service members have been held accountable for their actions."

The US military said it would investigate any serious claims of abuse, but noneof the men interviewed had been made aware of any formal complaints procedure.

But another former inmate, known as Mirwais, said: "They have no respect forhuman beings. They blame others for violating human rights. You just go and seehow they violate human rights."

Since coming to office, president Barack Obama has banned the use of torture andordered a review of its policy on detainees, which is expected to report nextmonth. But unlike Guantanamo Bay, the prisoners at Bagram have no access tolawyers and they cannot challenge their detention.

Tina Foster, executive director of the International Justice Network, a legalsupport group which is bringing a test case in the States to try to winrepresentation for four detainees, says the inmates at Bagram are being kept in"a legal black hole, without access to lawyers or courts".

She is pursuing legal action that, if successful, would grant detainees the samerights as those still being held at Guantanamo Bay, but the Obama administrationis trying to block the move.

Last summer, the US Supreme Court ruled that detainees at Guantanamo should begiven legal rights. Speaking on the campaign trail, Obama applauded the ruling:"The Court's decision is a rejection of the Bush Administration's attempt tocreate a legal black hole at Guantanamo. This is an important step towardre-establishing our credibility as a nation committed to the rule of law, andrejecting a false choice between fighting terrorism and respecting habeascorpus."

Foster accuses Obama of abandoning that position and "using the same argumentsas the Bush White House".

In its legal submissions, the US Justice Department argues that becauseAfghanistan is an active combat zone it is not possible to conduct rigorousinquiries into individual cases and that it would divert precious militaryresources at a crucial time. Pentagon spokesman Wright says: "Detention duringwartime is not criminal punishment and therefore does not require thatindividuals be charged or tried in a court of law."

Obama has also ruled against an earlier decision to release photos that showabuse of prisoners in US custody in Afghanistan.

Ex-inmate Esmatullah says he has trouble breathing when he thinks about Bagram,he gets nervous at the very mention of its name. Like many others, he alsoclaims that he was beaten and threatened during interrogation: "The Afghantranslator told me he has orders to take out my eyes, break my legs and hands. Isaid I am not afraid of dying. Then he hit me with a stick so hard that I hadsevere pains in my back for a month and a half."

Unlike Abu Ghraib and Guantanamo Bay, Bagram has received scant attention sofar. The men would like an official apology, recognition of the abuse they saythey have suffered and compensation.

These revelations come at a time when president Obama is trying to re-setAmerica's relationship with the Muslim world and he is redoubling US efforts towin the war in Afghanistan. It is a controversy that has already attracted muchattention in the Afghan and Pakistan media and seriously threatens to tarnishthe image of the new Obama administration on both sides of this troubled border.

INDIA: Structural breakdown of the justice system must be addressed

The reports that appeared yesterday in the Indian media quoting 'informedsources' that the Tamil Nadu state police has decided not to produce detaineesin courts exposes the extent to which the justice institutions have broken downin India. According to the provisions of the Criminal Procedure Code, 1973 it isthe statutory duty of the state police to assist the courts in the country forits day-to-day functioning. It is also mandatory for the police to produce thedetainees remanded to judicial custody before the courts, as and when requiredby the courts. Any decision by the police, express or implied, against thisofficial duty must not go unpunished.

The decision of the Tamil Nadu state police is a wilful dereliction of officialresponsibility, negation of judicial supremacy and the very function of thepolice in maintaining law and order. The Asian Legal Resource Centre (ALRC) andits sister concern the Asian Human Rights Commission (AHRC) have beencontinuously reporting instances suggesting the systematic breakdown of rule oflaw in India, particularly concerning the police. The decision by the statepolice of Tamil Nadu to disregard the provisions of law, substantiates ALRC'sposition that there are apparent and deep-rooted problems affecting the rule oflaw in India.

Lawyers engaged in professional misconduct, judges failing to perform duties andpolice officers committing crimes, assaulting persons and destroying propertyhave become the defining characters of the justice dispensation system in thecountry. The structural breakdown is apparent. Yet, instead of gearing up torepair the ruptures, it appears that the government is forcing the people to getused to the reality.

The approval by the Government of India for recruiting, training and deployingSalwa Judum, in Chhattisgarh state, in the excuse of countering Naxaliteactivities in that state is an example. Salwa Judum is nothing but an armedmercenary group operating with impunity in Chhattisgarh. The Chhattisgarh stateadministration finds it convenient to arm a faction of organised civilians tofight anti-state movements like the Naxalites. By promoting Salwa Judum, thestate is trying to absolve from its responsibility of maintaining law and orderin its territory.

The Government of India, instead of preventing the Chhattisgarh stateadministration from continuing with the deployment of Salwa Judum, insisted yetanother state administration, the Manipur state government, to resort to similartactics in 2008. The same practice was implemented years ago in the state ofJammu and Kashmir during the time of rightwing BJP led government in India.Neither in Jammu and Kashmir, nor in Chhattisgarh or in Manipur, has thesituation improved since then.

In the past two years, there has been an alarming increase in the number ofextra-judicial executions reported from India. In the Indian context, suchmurders are referred to as 'encounter killings'. As of now, there is no legalframework in the country by which an impartial enquiry and investigation ispossible in a case of encounter killing. The practice is, a superior officer andlater the court, accepts a report sent in by the police involved in the murderand no further action is initiated. The murder is often rewarded by theadministration, so much so, there are more than three dozen 'encounterspecialists' serving as police officers in various parts of the country.

Impunity for the police to murder and the lack of punishment trivialises thepractice of custodial torture in the country. The practice of torture iswidespread and is accepted as an essential requirement for law enforcement.

On June 15 this year, the Speaker of the Kerala State Legislative Assembly, Mr.K. Radhakrishnan, declared at the annual conference of police officers of thestate, that the use of third-degree methods by the state police cannot becondemned. The Speaker during his keynote address argued that it is ridiculousto insist that the police officers in India respect human rights. According tohim, it is difficult to do policing and respect human rights at the same time.He made it clear that when the police investigate a crime, it is natural andoften required for the investigating officer to use torture to prove the case.Among those listening to these remarks were the Director of the State PoliceTraining College and the Director General of Police.

Breach of law by the law enforcement agencies in the country meets no bounds.Corruption, nepotism and the disregard to the law flourish within stateagencies, particularly in the police. The society quiver under the writ of fearwhen the law enforcement agents commit crimes with impunity. In spite ofrepeated and legitimate requests from national and international human rightsgroups and the thematic mandates holders of the UN like the Special Rapporteuron the question of torture, the Government of India has failed to criminalisethe practice of torture or to ratify the Convention against Torture.

In fact, the government has failed in implementing the directives of its ownSupreme Court. The directives of the Supreme Court in the Prakash Singh case areyet to be implemented in the country. The implementation of the Court'sdirectives is important for improving the state of policing in India, since halfof the issues concerning the police, including the practice of torture andparticipation in crimes by the police officers, are carried out at the behest ofcorrupt politicians in the country. Having a law against torture while theultimate writ above the police entrusted with a corrupt politician will notimprove policing in India.

It is in this context that the protest called in by the Tamil Nadu state policebecomes relevant in exposing and addressing the situation of rule of law inIndia. The very fact that the police can intentionally negate the supremacy oflaw shows the vacuum of authority in the country. The incident illuminates theimpunity that the police have enjoyed so far that they have now dared to openlychallenge judicial supremacy.

Instead of actively engaging in the situation, the Tamil Nadu state governmenthas allowed the police to continue with their follies. The police action onFebruary 19 inside the compound of Madras High Court that injured policeofficers, lawyers, judges, court staff and ordinary persons is not of suchtriviality that it could be resolved by a fast declared by the state ChiefMinister. The police-lawyer confrontation and the subsequent sequels ofnon-cooperation between three important limbs of the justice dispensation systemof the country is not an issue that can be camouflaged with political gimmicksand ignored.

The February 19 incident is the clarion call for intervention by a system, whichis left to breakdown and disintegrate. The subsequent protest orchestrated bythe state police refusing cooperation to the functioning of the judiciary is afailure of the constitutional machinery that require a legitimate interventionby the Government under Article 356 of the Indian Constitution. The failure ofthe Government of India to take affirmative actions to correct and revitaliseits criminal justice system poses legitimate challenges to India's democracy andthe country's position in the UN Human Rights Council.

An
RTI Activist who tried to Bring all the documents of Corruption From
Villages of the Block Farrukh Nagar, Gurgaon was threaten to be killed
if he continue filling the RTI against Sarpanch and keep asking about
the development work.

Anoop Singh

Dankaur Town, Noida

December 2013

Abducted and Tortured

An
RTI activist was abducted from Dankaur town in Gautam Budh Nagar
district on December 13, burnt with cigarette butts on his private parts
and beaten with iron rods before being dumped near a petrol pump in a
neighbouring district four days later.

shame shame to VVIPs , Public servants who are hiding truths , who are covering up crimes , by denying RTI REQUESTS to us.

In India , many Corrupt public servantsdon’t honour RTI requests
with one pretext or the other. They are aware that the information if
given will become evidences of their criminals acts. They go to any
length to hide truth , to hide information. They murder RTI Applicants ,
fix them in cases , etc. Nowadays murders of RTI Applicants , Human
Rights Activists are frequent.I have myself suffered threats , attempts to murder me , closure of my news paper , loss of job
, etc at the hands of criminal nexus. Example : Years back I have
requested Mysore district , district magistrate for information under
RTI regarding LAND illegalities worth crores of rupees , instead of
taking action against the culprits , Preventing further irregularities ,
illegalities , criminals he repeatedly abused me & threatened me.
The illegalities continued , a lake was partially closed illegally
allotted to an industrialist alleged to be very close to the state
Industries minister at that time. In the same way I have been threatened
by police often , I have even received threatening phone calls from a
person claiming himself to be a UP High Court Judge.To
my previous appeals to CIC & KIC , they were mum , as it concerns a
Commoner it won’t give them any image build up , publicity or TRP
ratings instead it will raise the heckles of powers that be marring the
future prospects , lucrative postings , etc of CIC & KIC
members .Bureaucrats are of secretive nature , a career
bureaucrat if appointed to information commission , he works against the
principle of Transparency & RTI . If further the career bureaucrat
happens to be utterly corrupt & given posting in Information
commission as a favor by his corrupt colleagues in the government , RTI
& RTI Applicant will suffer , die. Example : Karnataka state
information commissioner Mr. H.N Krishna.

Ofcourse , there
are few honest people in public service including in information
commissions . We respect those honest few &
request their support in apprehending their corrupt colleagues . If
anything untoward happens to me or to my dependents , together with the
criminals all the members of CENTRAL INFORMATION COMMISSION &
KARNATAKA STATEINFORMATION COMMISSION will be responsible for it.
Subject to conditions , hereby I do offer my services to CIC , KIC &
GOI in apprehending , legally prosecuting criminals , corrupt public
servants , etc.Hereby , I do request the CIC & KIC to
order the concerned officials to give information in following cases
& RTI Requests mentioned below.

RTI Request made to Union Home Minister , GOI , New DelhiSA/UG/11/14291iwho

RTI Request made to Chief Justice of India , New DelhiSA/UG/11/14287gink

RTI Request made to President of India , New DelhiSA/UG/11/14288iv66

RTI Request made to Loksabha Speaker , New DelhiSA/UG/11/142892yj9Our previous RTI request to CJI , union home secretary of GOI, President of India ,
DG & IGP of GOK and others were not honored. The information I
sought were answers to the following questions mentioned in the below
mentioned websites . the questions concerned the past , present
continuing injustices meted out to millions of Indian citizens , due
to wrong / illegal work practices of Indian judges , police &
public servants . The information we sought would expose the
traitors , anti-nationals , criminals in public service. The
information we are seeking are no defense secrets , no national secrets.
The truthful information exposes the anti-nationals , traitors in the
public service & strengthens our national security , national unity
& integrity.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for
: "writ of Mandamus" and to issue instructions to the concerned public
servants in the following cases to perform their duties & to answer
the questions.

We
salute our freedom fighters , military personnel & martyrs for all
the sacrifices made by them. Let us build a strong , Secular ,
Democratic India by getting rid off few corrupt elements , anti
nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.

Information
input forms part of process of one’s expression. One’s expression in
any forms – written , oral , etc becomes information input to the
opposite person , in turn he expresses his reply. Information &
Expression are inseparable parts & form lifeline of a democracy.
That is the reason , Right to Expression is the basic fundamental right
as well as human right of every Indian citizen. When a person’s right
to expression is violated , his other rights to equality , justice , etc
also are violated. Suppression of Information amounts to curbing of
Expression.

In
a democracy , people have a right to know how the public servants are
functioning. However till date public servants are hiding behind the
veil of Officials Secrets Act (which is of british vintage created by
british to suppress native indians). By this cover-up public servants
are hiding their own corruption , crimes , mismanagement , failures ,
etc. even RTI Act is not being followed intoto by public servants.
However the recent delhi high court ruling affirming that CJI is under
RTI purview & bound to answer RTI request , is noteworthy.

Our
previous RTI request to CJI , union home secretary of GOI, President of
India , DG & IGP of GOK and others were not honored. The
information I sought were answers to the following questions mentioned
in the below mentioned websites . the questions concerned the past ,
present continuing injustices meted out to millions of Indian citizens
, due to wrong / illegal work practices of Indian judges , police
& public servants . The information we sought would expose the
traitors , anti-nationals , criminals in public service. The
information we are seeking are no defense secrets , no national secrets.
The truthful information exposes the anti-nationals , traitors in the
public service & strengthens our national security , national unity
& integrity.

Hereby
, i do request the honourable supreme court of india , for a Supreme
Court monitored CBI Enquiry into this whole issue as karnataka
police are helpless , they don't have legal powers to prosecute
high & mighty , constitutional functionaries. They have not even
enquired the guilty VVIPs even once however Under pressure from
higher-ups they repeatedly called me the complainant to police
station took statements from me all for closing the files.

Hereby
, I do request the honorable supreme court of India to consider this as
a PIL for : “writ of Mandamus” and to issue instructions to the
concerned public servants in the following cases to perform their duties
& to answer the questions. JAI HIND. VANDE MATARAM.

Your’s sincerely ,

Nagaraja.M.R.

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

"Power
will go to the hands of rascals, , rogues and freebooters. All Indian
leaders will be of low calibre and men of straw. They will have sweet
tongues and silly hearts. They will fight among themselves for power
and will be lost in political squabbles . A day would come when even air
& water will be taxed." Sir Winston made this statement in the
House of Commons just before the independence of India & Pakistan.
Sadly , the forewarning of Late Winston Churchill has been proved
right by some of our criminal , corrupt people’s representatives ,
police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

Eventhough
the information is readily available with SCI , information was denied
citing unavailability. If at all information is not truly available ,
why didn’t the CPIO TRANSFER rti application to concerned
departments of SCI , Ministry of Law , Justice , Respective High Courts
, etc.

The
action of CPIO SCI amounts to cover up of judges & their
crimes. Thereby , CPIO is also committing a crime. With respect to
previous RTI Appeals also CPIO & RTI First Appellate Authority
SCI have repeatedly committed crimes by covering up judges &
their crimes. Billions of indians are barely sustaining on a single
piece meal a day , we lower middle class people toiling hard to earn a
few hundreds of rupees but still paying tax. Is it not shame to them /
shame to JUDGEs that they draw pay & perks amounting to lakhs
of rupees from our money , from taxes paid by us still not do their
constitutional duties properly.

GIVE
WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED
IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.

We
salute honest few in public service , Judiciary , police ,
parliament & state legislative assemblies. our whole hearted
respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN
STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie
answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT
THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND ,
LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE
VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE
HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS
AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN
PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD
& CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES ,
EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN
JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :

Hereby
, we do request CPIO O/O Honourable Chief Justice of India ,
Supreme Court of India , New Delhi to answer the following questions
in public interest , for safeguarding national security , National
unity & integrity & to legally apprehend anti-nationals ,
criminals within the judiciary & police.

8.
in how many cases police / law enforcement officials were made to pay
compensation to innocent victims who were wrongly charged , detained
& tortured , murdered by police , since independence till date ,
yearwise ? what action ? if not why ?

9.
in some cases , on appeal judgements of higher court turns down the
judgement of lower court. In how many such cases , lower court judge is
made to pay compensation to victims of their wrong judgement , since
independence till date yearwise ? what action ? if not why ?

10.
how many judges have defaulted in filing their annual financial
returns giving out their wealth , income details , yearwise since
independence till date ? what action ? if not why ?

11. how you are verifying the annual financial returns of judges ?

12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?

13. how many death sentances were carried out & how many are pending ?

14.
how many police officials were made to pay compensation &
prosecuted for defamation , when innocents falsely charged by police
were acquitted , dropped from charges by courts ? if not why ?

15.
how many lower court judges were made to pay compensation &
prosecuted for defamation , when innocents wrongly convicted by lower
court , but on appeal higher courts acquitting , dropping them of
charges ? if not why ?

16.
are judges getting paid from public exchequer , for their expenses on
liquor / alcohol , body massages , etc in their TA DA bill while on
tour , official visits , official parties hosted by judges ?

17.
how many appeals for justice concerning public welfare , violation of
human & fundamental rights , threat to lives / livelihood , etc
were made to supreme court of india , by nagaraja mysore raghupathi
alias nagaraja M R alias myself since 1990 till date ? appeals were made
through ordinary post , registered post , e-mail & by web through
DARPG , DPG. What ACTION taken by supreme court of india with respect
to each appeal ?

18.
due to negligence / connivance of supreme court judges injustices were
meted out to public & public are still suffering injustices. Crimes
which could have been prevented by SC happened eventhough brought to
early notice of supreme court. What action against erring SC Judges ? if
not why ?

19.
I have repeatedly offered my services to supreme court of india , to
apprehend criminals within judiciary , police & public service.
What action taken by supreme court of india ? if not why ?

22.
I repeatedly appealed to supreme court of india to permit me to appear
as amicus curie before supreme court of india & jain commission of
enquiry regarding late PM Rajiv Gandhi assassination case. I was not
permitted why ?

23. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?

24.
Law is one & same for all , but law enforcement & law
interpretation is not same for common people , Judges & Police ?
why ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1990-2014 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

At
the outset , we express our whole hearted respects to the honest few
public servants in public service including judiciary. However, the
corrupt in public service don’t deserve respect as individuals – as
they are parasites in our legal system. Still we respect the chairs
they occupy but not the corrupt individuals.

All
the following articles / issues , whole articles published in the
weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned
throught includes all public servants discharging judicial functions
right from taluk magistrates , quasi-judicial officers to Chief Justice
of India.

Indian
Legal / Judicial System is manipulated at various stages & is for
sale. It is a SHAME. The persons who raise their voice seeking justice
are silenced in many ways. The criminal nexus has already attempted to
silence me in many ways . If
anything untoward happens to me or to my family members , my dependents
, Honourable Chief Justice of India together with jurisdictional police
officer will be responsible for it.

Hereby,
we do once again offer our conditional services to the honourable
supreme court of India & other government authorities, in
apprehending criminals including corrupt judges & police. Herewith ,
we once again appeal to the honourable supreme court of India , to
consider this as a PIL Appeal in public interest.

To
my repeated appeals for justice , repeated appeals to utilize my
services to apprehend criminals , repeated PIL petitions , repeated
appeals for information under RTI act , your response was
silence with respect to RTI applications literally no information was
given to 99% of queries nor you transferred the queries to respective
department which can provide answer . This silence or intentional
negligence of duty amounts to crime cover –up. Due to improper
action on your part crimes which could have been nipped at the bud
(information of crime given by us to SCI) happened , which amounts to
abetting crime. Once again if you deny me information to following
queries , you are reinforcing the proof that concerned supreme court of
india judges are also CRIMINALS
themselves. Answer following questions :

8.
in how many cases police / law enforcement officials were made to pay
compensation to innocent victims who were wrongly charged , detained
& tortured , murdered by police , since independence till date ,
yearwise ? what action ? if not why ?

9.
in some cases , on appeal judgements of higher court turns down the
judgement of lower court. In how many such cases , lower court judge is
made to pay compensation to victims of their wrong judgement , since
independence till date yearwise ? what action ? if not why ?

10.
how many judges have defaulted in filing their annual financial
returns giving out their wealth , income details , yearwise since
independence till date ? what action ? if not why ?

11. how you are verifying the annual financial returns of judges ?

12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?

13. how many death sentances were carried out & how many are pending ?

14.
how many police officials were made to pay compensation &
prosecuted for defamation , when innocents falsely charged by police
were acquitted , dropped from charges by courts ? if not why ?

15.
how many lower court judges were made to pay compensation &
prosecuted for defamation , when innocents wrongly convicted by lower
court , but on appeal higher courts acquitting , dropping them of
charges ? if not why ?

16.
are judges getting paid from public exchequer , for their expenses on
liquor / alcohol , body massages , etc in their TA DA bill while on
tour , official visits , official parties hosted by judges ?

17.
how many appeals for justice concerning public welfare , violation of
human & fundamental rights , threat to lives / livelihood , etc
were made to supreme court of india , by nagaraja mysore raghupathi
alias nagaraja M R alias myself since 1990 till date ? appeals were made
through ordinary post , registered post , e-mail & by web through
DARPG , DPG. What ACTION taken by supreme court of india with respect
to each appeal ?

18.
due to negligence / connivance of supreme court judges injustices were
meted out to public & public are still suffering injustices. Crimes
which could have been prevented by SC happened eventhough brought to
early notice of supreme court. What action against erring SC Judges ? if
not why ?

19.
I have repeatedly offered my services to supreme court of india , to
apprehend criminals within judiciary , police & public service.
What action taken by supreme court of india ? if not why ?

22.
I repeatedly appealed to supreme court of india to permit me to appear
as amicus curie before supreme court of india & jain commission of
enquiry regarding late PM Rajiv Gandhi assassination case. I was not
permitted why ?

23. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?

24.
Law is one & same for all , but law enforcement & law
interpretation is not same for common people , Judges & Police ?
why ?

The
public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a
thief steals , he can be caught , legally punished & reformed . if
a police himself commits crime , many thieves go scot- free under his
patronage. even if a
police , public servant commits a crime , he can be legally prosecuted
& justice can be sought by the aggrieved. just think , if a judge
himself that too of apex court of the land itself commits crime -
violations of RTI Act , constitutional rights & human rights of
public and obstructs the public from performing their constitutional
fundamental duties , what happens ? it gives a booster dose to the rich
& mighty , those in power , criminals in public service to committ
more crimes. that is exactly what is happenning in india. the educated
public must raise to the occassion & peacefully , democratically
must oppose this criminalisation of judiciary , public service. then
alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

Kindly
go through the following articles & provide justice by giving
complete truthful information to us , by publicly answering the
following questionnaire in an unambiguous manner.

The
constitution of India has prescribed certain FUNDAMENTAL DUTIES to each
citizens of India. It is the duty of every citizen to protect &
uphold the dignity , honour of our democratic institutions , to protect
our national integrity , to respect & protect the rights of our
fellow citizens. No constitutional authority has the right to obstruct
the discharge of these duties by citizens of India. No legal privileges
of constitutional functionaries is superior over the FUNDAMENTAL
DUTIES OF CITIZEN'S OF INDIA.

We
need rights to perform our duties. Constitution of India has guaranteed
those rights as FUNDAMENTAL RIGHTS to all citizens of India & by
birth itself everyone of us has secured HUMAN RIGHTS as individuals. To
express ourselves , we need information , data feed back , to ascertain
whether we are getting equal opportunity , whether we are getting
equitable justice , etc , we need information . so , basically Right
To Information is an inalienable part of our fundamental rights &
human rights. What RTI Act has done is fixed time limit ,
responsibilities of public servants up to certain extent. However the
citizen's fundamental right & human right to seek information
extends far beyond the scope of RTI Act.

Hereby
, we seek complete truthful information from supreme court of India ,
with respect to my RTI application appeal. HEREBY , WE ARE ONLY SEEKING
ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE.
Hereby , we request you to register this appeal as a PIL petition
& to ascertain the stand of apex court on various matters raised in
my RTI Application , in public interest & equitable justice. Read :

We
salute honest few in public service , Judiciary , police , parliament
& state legislative assemblies. our whole hearted respects to
them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE
THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND
ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S
FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE
SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL
SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE ,
PROSECUTION , ETC. I do hope sense of constitutional propriety ,
justice will prevail. JAI HIND. VANDE MATARAM.

I
don’t know whether secretariat staff of CJI office & DARPG /
DPG officials are forwarding my appeals for justice , e-mails to you
or not. They will be held accountable for their lapses if any. This
notice is against the repeated failure of constitutional duties &
indirect collusion with criminals by previous CHIEF JUSTICEs OF
INDIA. Notice is served against them , to the office of CJI , NOT
personally against you. At the individual level I do whole heartedly
respect Honourable Justice R M Lodha.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

The
chief justice of india is not replying to my repeated show-cause
notices ,damage payment notices nor taking appropriate legal actions
, in time .However the public servants take their thousands of rupees salary & perks well in time without fail on 1stof every
month. As a result of continued negligence of
constitutional duties since years we public are suffering injustices ,
crimes which could have been prevented are taking place. Thereby CJI is
aiding the criminals in committing crimes & cover up of crimes ,
in the course becoming a criminal himself. We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among publicservants , among judiciary &among police who are greater threat to India’ security & integrity than Pakistani terrorists or chinese military.

Information input forms part of process of one’s expression. One’s expressionin any forms – written , oral , etc becomes information input to the opposite person
, in turn he expresses his reply. Information & Expression
are inseparable parts & form lifeline of a democracy. That is the
reason , Right to Expression is the basic fundamental right as well as
human right of every Indian citizen. When a person’s right to
expression is violated , his other rightsto equality , justice , etc also are violated. Suppression of Information amountsto curbing of Expression.In a democracy , people have a right to know how the public servants arefunctioning
. However till date publicservants are hiding behind the
veil of Officials Secrets Act (which is of british vintage created by
british to suppressnative Indians ). By this cover-up public servants are hiding their own corruption , crimes , mismanagement
, failures , etc. even RTI Act is not beingfollowed intoto by public
servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is note worthy.Our
previous RTI request to CJI , union home secretary of GOI, President
of India , DG & IGP of GOK and others were not honored. The
information is sought were answers to the following questions mentioned
in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to
millions of Indian citizens , due to wrong / illegal workpractices of
Indian judges , police & public servants . The information wesought
would expose the traitors , anti-nationals , criminals in public
service .The information we are seeking are no defense secrets , no
national secrets .The truthful information exposes the anti-nationals ,
traitors in the public service & strengthens our national security ,
national unity & integrity.

Hereby , i do request the honourable supreme court of india , for a SupremeCourt monitored CBI Enquiry into this whole issue as karnataka police are helpless , they
don't have legal powers to prosecute high &
mighty ,constitutional functionaries. They have not even enquired the
guilty VVIPseven once however Under pressure from higher-ups they repeatedly calledme the complainant to police station took statements from me all for closing the files.Hereby
, I do request the honorable supreme court of India to consider this as
a PIL for : “writ of Mandamus” and to issue instructions to the
concerned public servants in the following cases to perform their duties
& to answer the questions. As the trial court Judges cross verify
the antecedents , history of the partiesin a case to ascertain party’s honesty ,integrity , as the investigating policeofficers cross check
the antecedents , history of a complainant / accussed /witnesses
to ascertain their honesty , integrity of the accussed / complainant ,in
the same way the parties in a case , as complainant / accussed /
witnesseshave a right to ascertain the integrity , honesty of the
trial court judge &investigating police officers to ensure they are not biased and provide a fair ,level ground. JAI HIND. VANDE MATARAM.

At
the outset , we express our whole hearted respects to the honest few
public servants in public service including judiciary. However, the
corrupt in public service don’t deserve respect as individuals – as
they are parasites in our legal system. Still we respect the chairs
they occupy but not the corrupt individuals.

All
the following articles / issues , whole articles published in the
weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned
throught includes all public servants discharging judicial functions
right from taluk magistrates , quasi-judicial officers to Chief Justice
of India.

Indian
Legal / Judicial System is manipulated at various stages & is for
sale. It is a SHAME. The persons who raise their voice seeking justice
are silenced in many ways. The criminal nexus has already attempted to
silence me in many ways . If
anything untoward happens to me or to my family members , my dependents
, Honourable Chief Justice of India together with jurisdictional police
officer will be responsible for it.

Hereby,
we do once again offer our conditional services to the honourable
supreme court of India & other government authorities, in
apprehending criminals including corrupt judges & police. Herewith ,
we once again appeal to the honourable supreme court of India , to
consider this as a PIL Appeal in public interest.

The
public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a
thief steals , he can be caught , legally punished & reformed . if
a police himself commits crime , many thieves go scot- free under his
patronage. even if a
police , public servant commits a crime , he can be legally prosecuted
& justice can be sought by the aggrieved. just think , if a judge
himself that too of apex court of the land itself commits crime -
violations of RTI Act , constitutional rights & human rights of
public and obstructs the public from performing their constitutional
fundamental duties , what happens ? it gives a booster dose to the rich
& mighty , those in power , criminals in public service to committ
more crimes. that is exactly what is happenning in india. the educated
public must raise to the occassion & peacefully , democratically
must oppose this criminalisation of judiciary , public service. then
alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

Kindly
go through the following articles & provide justice by giving
complete truthful information to us , by publicly answering the
following questionnaire in an unambiguous manner.

The
constitution of India has prescribed certain FUNDAMENTAL DUTIES to each
citizens of India. It is the duty of every citizen to protect &
uphold the dignity , honour of our democratic institutions , to protect
our national integrity , to respect & protect the rights of our
fellow citizens. No constitutional authority has the right to obstruct
the discharge of these duties by citizens of India. No legal privileges
of constitutional functionaries is superior over the FUNDAMENTAL
DUTIES OF CITIZEN'S OF INDIA.

We
need rights to perform our duties. Constitution of India has guaranteed
those rights as FUNDAMENTAL RIGHTS to all citizens of India & by
birth itself everyone of us has secured HUMAN RIGHTS as individuals. To
express ourselves , we need information , data feed back , to ascertain
whether we are getting equal opportunity , whether we are getting
equitable justice , etc , we need information . so , basically Right
To Information is an inalienable part of our fundamental rights &
human rights. What RTI Act has done is fixed time limit ,
responsibilities of public servants up to certain extent. However the
citizen's fundamental right & human right to seek information
extends far beyond the scope of RTI Act.

Hereby
, we seek complete truthful information from supreme court of India ,
with respect to my RTI application appeal. HEREBY , WE ARE ONLY SEEKING
ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE.
Hereby , we request you to register this appeal as a PIL petition
& to ascertain the stand of apex court on various matters raised in
my RTI Application , in public interest & equitable justice.

We
salute honest few in public service , Judiciary , police , parliament
& state legislative assemblies. our whole hearted respects to
them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE
THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND
ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S
FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE
SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL
SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE ,
PROSECUTION , ETC. READ DETAILS AT :

9.
While crores of Indians are barely surviving on a single piece meal a
day , people dying due to starvation , supreme court judges are getting
salary & perks amounting to lakhs of rupees from the same
suffering public / public exchequer. Are not those duty shirking
judges ashamed ?

10. What action you have taken against judges involved in hushing up late prime minister rajiv Gandhi assassination case ?

11.
Why the supreme court of india didn’t allow me to appear before it in
the said case of late PM Rajiv Gandhi Assassination Case ?

14. Are the supreme court judges hand in gloves with the criminal nexus ?

Main B :

You
have not taken appropriate action to my previous RTI requests ,
Numerous appeals for justice & police complaints. You have not
replied to show-cause notice also. Your inaction has helped the
criminals in manipulating & destroying evidences.

Your
inaction / delay in performing your duties not only amounts to denial
of information , but amounts to violation of our fundamental &
human rights , cover-up of crimes , aiding & abetting criminals .
The criminal nexus tried to silence me in many ways. Is not these acts
of your’s a crime in itself ?

If
your acts of crime cover-ups , information / evidence cover-ups ,
aiding & abetting criminals , silencing a crusader is just &
legal. The same type of acts of crimes performed by other citizens will
also be legal ?

Main C :

At
the outset , we express our whole hearted respects to all
constitutional institutions & to the honest few in public service.
Contempt of constitutional institutions , citizens of India is being
made by the corrupt persons in constitutional positions themselves. This
is an appeal to the honest few in public service , constitutional
positions , to bring their corrupt colleagues to book.

3.
just remember , the vulgar acts of Mr.Bora Babu Singh in state
legislature & how some MLAs vulgarly behaved with Ms.Jayalalita
in state legislature , years ago. Are these type of vulgar actions by
MPs & MLAs legal ? does not these constitute contempt of the house
by MPs & MLAs themselves ?

4.
all the people’s representatives from panchayath member to president of
India must read ABCD Of Democracy provide along with.since
independence of India till date , MPs & MLAs are forcing projects on
people against the wishes of people , formulating policies against the
wishes of people. Are not such projects , government policies & Laws
, undemocratic & illegal ?

5.
is the election commission of India verifying the authenticity of
affidavits submitted by electoral candidates ?

6. how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.
are the MPs , MLAs submitting their wealth details on affidavits yearly
to vigilance authorities ? defaulters , violators how many ?

9. who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.
the agricultural incomes of some MPs , MLAs , their kih & kin
raises even during the time of severe drought , floods , fall in prices
of agricultural products , their companies register increase in turnover
/ profits even during recession , the trusts / NGOs set up by them
receive huge donations. Are all these income legal ?

Main D :

1.
we do once again offer our conditional services to the government of
india , all state governments & supreme court of india , in
apprehending tax evaders , land grabbers , corrupt police , corrupt
judges , corrupt public servants , labor law violators , etc. whom the
the government officials , vigilance authorities have failed to
apprehend. Why the authorities , courts , supreme court of India , are
not ready to utilize our service ? are they afraid of being caught ?

2.
the public servants , courts theselves are delaying giving information /
records to us in many cases. So in the issues / cases raised by us ,
the clause of time bar doe not apply. Are these delaying tactics of
public servants , courts legal ?

3. why no proper , timely action was not taken based on numerous police complaints made by us ?

4.
why DG & IGP , Government of Karnataka , has not made any efforts
to seek legal sanction for prosecution of VVIPs ( mentioned in our
complaint ) , from union & state home ministries ?

5.
the criminal nexus is trying to silence me in many ways , but the
supreme court of India & national human rights commission has
failed to undo the injustices , why ? is it because it is not a high
profile case ? is it because it is not hi-fi , does not get image
ratings , TRPs ?

6.
the public servants are aiding underworld , naxalites & terrorists ,
by their delaying tactics & denial of information , records. What
action has been taken against such anti-national elements in public
service ?

7.
how many complaints are made by Nagaraj .M.R. , Human Rights Activist ,
Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice)
to Karnataka police , to national human rights commission to supreme
court of India till date ? what action taken with respect to each
complaint ?

8.
the delay in taking action by public servants with respect to
following cases has resulted in more crimes , destruction /
manipulation of evidences , records and more injustices to commonman.
Why the authorities did not take timely action against criminals in
following cases ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5.
Daily we see numerous reports of misdeeds by police , public servants ,
industrialists , etc in the media . Then why not police taking any
action with respect to them ?

Q6.
nowadays we see numerous reports of scams , scandals by constitutional
functionaries , public servants in the media. Instead of wasting money ,
killing time by prolonging formation of parliamentary committees ,
judicial commissions , why not subject those accussed public servants to
narco analysis , lie deector test , etc to ascertain truth &
provide timely justice ?Q7. If a commonman files a complaint ,
police / courts wants evidences , witnesses to take action against the
rich & mighty crooks. Where as if a rich person just gives a
complaint against a poor chap , he is arrested , tortured eventhough
there are no evidences , witnesses. Why this double standard ?Q8. If
a poor chap tries to collect evidences as per his fundamental rights or
as per RTI ACT , the public servants don’t give full , truthfull
information. Still , police / courts don’t take action against those
public servants hiding crimes. Why ?Q9.why I was not permitted to
appear as an “amicus curie” before jain commission of enquiry or supreme
court of india probing late prime minister rajiv Gandhi assassination
case ?Q10. The criminal nexus tried to silence me , by closing my
news paper , by snatching away my job oppurtunities in government
service, by physically assaulting me , by threatening me of false
fix-ups in cases & by attempts to murder me. But no action against
culprits , why ?Q11. Whereas , I was enquired number of times by
police & intelligence personnel about this case , but the culprits
were not enquired even once , why ?Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?Q13.
Is it not the duty of police to protect the lives , livelihood of
witnesses & all parties involved , both during case & afterwards
?Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?Q15.
While getting appointed into government service from the rank of peon
to IAS officer , police verification is mandatory. While appointing to
sensitive defense establishments , research institutes in addition to
police verification , central intelligence agencies cross-check
candidate’s background. However is there no background checks of
constitutional functionaries , MPs , MLAs , , who are privy to national
secrets ? why ?Q16. Recently , the opposition parties have made
allegations during presidential allegations that close relative of one
of the front running candidates have swindled public money by their bank
, misused public money through one of their NGO. Is it true ?Q17.has GOI funded any terrorist outfits in india or abroad ?Q18.india
preaches non-violence , panchasheel principles to the world. In india ,
more than half the population are poor , people are starving to death.
Inspite these background , GOI funded & aided terrorist outfits in
former east Pakistan ensuring the creation of Bangladesh , GOI has
funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka ,
MQM in Pakistan. In turn these terrorist outfits have murdered
thousands of innocents in those countries. Are these acts of GOI just
& legal ? Is not GOI responsible for all those murders of innocents ?
has GOI paid any compensation to those victims or their family mebers ?
why not ?Q19.within india , to reduce the influence of certain
terrorist groups , GOI has funded & aided couter terrorist groups ,
is it right & legal ?Q20. In Jharkhand , chattisgarh , etc , the
government has armed , trained & funded “salwa judum” to counter
naxalites. Salwa judum cadres are terrorizing innocents just like
naxalites. Is this action of government just & legal ?Q21.in
india, TADA , POTA is being rampantly misused by police. Even where
there are no problems of terrorism , TADA / POTA is being slapped
against innocents , even children. In M.M.Hills of Karnataka state , STF
personnel charged tribal people with TADA on frivolous charges of
taking lunch to veerappan , stiching dress for the forest brigand, etc.
where as the prominent political, film , sports personalities who have
links with underworld , anti national elements & attended parties
hosted by dawood Ibrahim , other dons in gulf countries , else where.
But these hi-fi people are not charged with TADA / POTA ? why ?Q22.
Film actor sanjay dutt had contacts with underworld & fully knowing
well the criminal objectives of criminals , hid the dangerous arms &
ammunition in his home , which were intended for terrorizing public.
However mr.dutt is not charged with TADA / POTA instead he is charged
with illegal possession of arms act ( which is normally applied to
farmers who use illegal home made guns to scare away animals , birds in
their farms ). Why this favourable treatment of mr.dutt by police ?
prosecution ? is this because dutt is politically mighty & rich ?Q23.
Law is one & same for all , the public servants, police interpretes
, enforces it differentially between rich & poor ? why this
differentiation ?Q24.recently in Bangalore police nabbed criminals
belonging to international criminal syndicate selling duplicate nokia
mobiles. Every nokia mobile comes with 15 digit IMEI number , this
number is also used by police for tracking criminals. In consumer
dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia
company stated that all it’s products come with IMEI number only &
stated that the product in dispute sold by tata indicom dealer M/S
INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI
numbers. Further nokia stated they don’t have any business relationship
with either tata indicom or it’s dealer. However the tata indicom dealer
stated that indeed his products are genuine , first hand products , but
doesn’t have IMEI numbers . this proves the dealer in collusion with
tata company is selling illegal nokia mobile hand sets & cheating
the public. These mobiles are evading taxes , as well as these are
without IMEI numbers best buy for criminal elements who want to evade
police tracking. What police are doingQ25. Who , of which rank among
police personnel takes the decision to close a case ie to file “B”
report , when after certain time limit no leads are found in
investigation ?Q26. How do you monitor corrupt police personnel ,
who purposefully fail to investigate case properly , so that either the
case can be closed with “B” report or the prosecution fails to prove the
case in court ?Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?Q28.
Who took the decision , not to appeal against the argentina court order
acquitting mr.quatrochi accussed in bofors scandal ?Q29. Do you
treat all the prison convicts same in the prison or does the notorious
big time rich criminals get spacious barracks with tv, news paper ,
adequate food , medical care , etc while small time criminals , poor are
crammed into pig sty like rooms with 60-70 inmates without any basic
requirements ?Q30. What is the status of my complaint made to the DG
& IG of police , government of Karnataka on 10/12/2004 ? the copies
of complaint was released at press meet at patrakartara bhavan Mysore
on same day, even copies were given to police & intelligence
personnel ?Q31. Why no action , reply regarding the complaint till date ?Q32.
Our constitutional frame workers gave legal immunity privileges to
certain constitutional functionaries , so that they are not burdened
with frivolous court cases & can concentrate on their constitutional
duties. But these privileges doesn’t cover the individual actions of
those public servants like rape , murder , dowry harassment , tax
evasion , misuse of office , etc. but still law enforcement / police
department is bound to send request to home ministry seeking permission
& home ministry sits over files for months. This gives the accussed
ample time to destroy evidences. Is it right & legal ?Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?Q36.
In the past , how many MPs , MLAs , corporators were facing criminal
charges , yearwise since 1987 ? how many of them were eventually
convicted ?Q37. How many MPs , MLAs , prominent film , sports
personalities have have contacts with underworld , foreign intelligence
agencies ?Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?Q39.
How many MP , MLA , other people’s representatives are wanted by police
in various cases . but shown in the police records as absconding but in
reality are attending the proceedings of the house as usual ?Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?Q42. Does smt. Sonia Gandhi have citizenship of any other country ?Q43. Did she occupy any public office while enjoying dual citizenship ?Q44.
How do you monitor public servants who have spouses of foreign origin
& while they are on foreign tour , from national security
perspective ?Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?Q46.
What is the status of complaint made by former union minister
mr.subramanya swamy alleging that late P.M rajiv gandhi’s family
received money from foreign intelligence agencies ?Q47. In many
cases like mass riots involving certain political parties , when that
culprit party comes to power all the cases involving it’s partymen are
withdrawn by the government orelse prosecution fails to prove it’s case
& prefers not to appeal. Just remember Bombay riot case involving
shiv sainiks & others , when shiv sena – BJP came to power in
Maharashtra , all the cases against it’s partymen were withdrawn. Are
these type of decisions by government just & legal ?Q48.what
damages has been done to india’s national security due to mole in the
PMO, as alleged by former union minister mr.natwar singh ?Q49. What action by the government ?Q50. How many Indians are in the custody of police / military in various foreign countries ?Q51. How many foreigners are there in Indian prisons ?Q52. How GOI is protecting the human rights of these prisoners ?Q53.
Is the government paying any compensation to victims of police failures
, fix-ups , , who suffer in jail for years & acquitted by courts
upon finding them as not guilty ?Q54. Do you register murder charges
/ attempt to murder charges against guilty police officers who are
responsible for lock-up deaths , fake encounters & 3rd degree torture ?Q55. How many cases has been filed since 1987 till date ?Q56.
What action has been taken against guilty police officers , STF
personnel who were responsible for gross human rights violations , 3rddegree
torture , lock-up deaths of innocents in forest brigand veerappan’s
territory , based on justice A.J.Sadashiva commission findings ? if not
why ?Q57. I , as a citizen of india as my “fundamental duty” hereby
do offer my conditional services to GOI & GOK to apprehend corrupt
public servants. Are you ready to utilize my services ?Q58. Police
personnel are always in the forefront of containing crimes , mass fury ,
riots , etc. they suffer more & even their family members suffer
threats from the criminal elements. Do the government provide insurance
coverage to police & their family members on the lines of defense
forces ?Q59. What is the amount of coverage to a police constable & his family ?Q60. Who makes the premium contributions ?Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?Q62. Is the government giving any training to police personnel in public interaction , human rights ?Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?Q64. What is the ratio of police personnel to total population in india since 1987 ?Q65.
IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING ,
LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING
ACCORDING TO W.H.O NORMS ?Q66. Is the forensic science department
which conducts narcfo-analysis , lie-detector test , etc under the
control of police department ?Q67. Is it not right to put it under impartial control of NHRC or like bodies ?Q68.
Is the action of some police officers arranging compromise meetings
& subtly insisting the poor to tow the line of rich or else face the
consequences , is it right & legal ? this happens mostly in real
estate matters.Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?Q71.
How many cases of allegations against judges were made in the media
about misuse of office , criminal acts by judges from munsiff court to
supreme court of India ? since 1947 till dateQ72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?Q73. what action has been taken against guilty judges ?Q74.
are the guilty judges legally prosecuted in all such cases ? or has it
just ended with their resignation from services or his superior judge
not allotting him any judicial work ?Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?Q76. are judges above law ? are not everybody equal before law ?Q77.
do the judiciary subject , all the cases handled by accussed / tainted ,
guilty judges to review , to undo past unjust judgements ?Q78. how ? if not why ?Q79.
how do the judiciary monitor the net wealth growth of some judges
including the wealth in the name of judge’s family members ?Q80. do
all the judges file their annual income , wealth statements on sworn
affidavits to the higher judiciary ? defaulters how many ?Q81. how does the judiciary verifies those statements ?Q82. is such statements made public , on web ?Q83.
when the judgement of a lower court is turned down by the higher court ,
what action is initiated against lower court judge for making unjust
judgement & meating out injustice ?Q84. when allegations of
corruption , misuse of office , etc against judges are made , why the
accussed – judges are not subjected to tests like “poly graph , lie
detector , brain mapping , etc” , in the interest of justice & truth
?Q85. judges are not employees of government , so they are
ineligible to be the members of “Karnataka state government judicial
department house building co-operative society”. Then how come , many
judges including supreme court judges are admitted as members of this
society & allotted prime residential site worth crores of rupees for
a few thousands by the said society at said society’s – judicial layout
, yelahanka , Bangalore ? while the ordinary members like peons ,
clerks in judicial department are waiting for a site since years , is
not the whole thing grossly illegal ?Q86. in more than 70% of cases
before all courts in India , central government or state government or
government agency is one of the parties. How many judges or their family
members , have received out of turn , favourable allotments of sites ,
gas agency , petrol pumps , etc by the government ? is not such
allotments illegal ? what action ?Q87. when a person under police custody or judicial custody suffer 3rd degree
torture by police , is not the judge of the respective court which is
handling that tortured person’s case responsible for it ?Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?Q89.
registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me
the merit ranking list of selected candidates along with my merit
ranking for the post of peon.Q90. registrar , Bangalore city civil
court , has called for the candidatures to various vacancies in that
court from the public vide notification no : ADM-I(A)422/03 dated
19/05/2003. Please furnish me merit ranking list of selected candidates
for the post of peon.Q91. when a person doesn’t get adequate food ,
medical care while under police custody or judicial custody , is not the
respective judge dealing that person’s case responsible for it ? what
action ?Q92. how judiciary is monitoring food & medical care to prisoners ?Q93.
numerous accussed persons are suffering in jail under judicial custody ,
for periods far exceeding the legally stipulated sentence periods. For
example : a pick-pocketer is in jail for one year , the judge finds him
guilty of offence & gives him 3 months sentence. What about the
excess punishment of 9 months. Is not the judge responsible for the
illegal , excess punishment of the convict ? what action against the
judge in such cases ?Q94. numerous innocents suffer in jail for
years & finally the judge finds them as innocents & acquits them
of the charges. What about the prison sentence , the innocent has
already served ? is not the judge responsible for this illegal , unjust
punishment to an innocent ? remedy ? what action against the judge ?Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?Q98. what is the criteria adopted for promotion of judges ?Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?Q100.
what is the criteria adopted for appointment of retired judges , as
governors of states , members or as chairman of commissions , etc ?Q101.
how many judges belonging to oppressed classes – scheduled caste ,
scheduled tribe , other backward classes , minorities & women are
their in supreme court , state high courts & subordinate courts ?
kindly provide specific figures .Q102. what are the legal measures
enforced by judiciary , to enforce the accountability of judges & to
check corruption in judiciary ?Q103. are not these measures a failure , looking at present state of affairs of judiciary ?Q104.
does the judges arrange for distribution of alchoholic drinks at the
official meetings , parties , at the tax payer’s expense ?Q105. does
any judges have included their consumption of alchoholic drinks , in
their hotel bill & claimed traveling allowance ?Q106. what
action has been taken against – selectors ie Karnataka high court judges
& newly selected women judges involved in roost resort scandal in
Mysore , Karnataka ?Q107. when common people / tax payers & even
government employees are not getting proper health care from government
at government hospitals. Is it right & just to provide premium
health care to judges , constitutional functionaries at 5-star private
hospitals in India , abroad , all at tax payer’s expense ?Q108. are
the judges subjected to periodical health check-ups to ascertain their
health , mental faculties & mental balance in the midst of all work
pressures , emotional tensions ?Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?Q110. why numerous appeals for PIL by me , were not considered ?Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?Q112.
why my appeal to honourable supreme court , to make me as an “amicus
curie” in late P.M Rajiv Gandhi’s assassination case , was not
considered by the court ?Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?Q114.
numerous cases of injustices are reported in the media daily , with
supporting evidences . why not the judiciary take suo-motto action in
all such cases ?Q115. legal aid boards pre-judge the cases in the
name of taking legal opinion , before providing legal aid to the needy ?
is it not needy person’s rights violation ?Q116. is not the safety
of witnesses , parties in cases responsibility of the court , both
during hearing of the case & afterwards ?Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?Q118.
when the corrupt police officer & government prosecution advocate
together cover-up evidences , conducts improper investigation
intentionally to fail the case – to cover-up rich crooks , high &
mighty people , what action judge takes in such cases ?Q119. how
does the judiciary monitor the wealth growth of police , government
advoctes , tax officials , officials of licensing authorities , to
ensure proper & fair prosecution of cases against rich & mighty ?Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?Q121.
corruption is rampant for selection of officers to quasi-judicial
positions like district / taluk magistrates , tax officers , revenue
officers , land acquisition officers , etc. how the judiciary monitors
over their quasi-judicial actions ?Q122. subject to conditions , I ,
NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my
free services to honourable supreme court of India , to apprehend
corrupt judges , are you – the honourable court ready to utilize it ?Q123.
what are the status of my appeals , sent to the honourable supreme
court of India , through government of india’s on-line grievance system (
DPG & DARPG ) :DPG/M/2006/80008 , DARPG/E/2006/00057,
DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 ,
DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 ,
DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 ,
DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 ,
DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 ,
DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 ,
DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 ,
DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 ,
DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 ,
DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 ,
DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 ,
DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 ,
DPG/M/2007/80082 , DARPG/E/2007/02618Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pageshttp://groups.yahoo.com/group/naghrw/message/182 ,http://groups.yahoo.com/group/naghrw/message/206 ,http://groups.yahoo.com/group/naghrw/message/208 ,http://groups.yahoo.com/group/naghrw/message/212 ,http://groups.yahoo.com/group/naghrw/message/209 ,http://groups.yahoo.com/group/naghrwwhat are the status of those appeals ?Q125.
in the media , we have seen reports about judges committing
crimes – rape , attempt to murder , swindling government money ,
untouchability practice , the disrespect to national flag , sale of
judicial orders , bail , receipt of monetary gains by way of royalty for
books , prime real estate purchase at discounted rate , taking round
about long foreign tours along with family in the name of official work ,
etc. by this way , judges themselves are making contempt of court ,
constitution of India & citizens of India. How you are protecting
the honour of the judiciary , constitution of India & citizens of
India ? please answer.Q126. Is the government giving any facilities /
affirmative actions to policemen’s family as being given to defense
personnel , ex-servicemen & their families , like preferential site
allotment , lpg agency , ration depot , reservation in college admission
, soft bank loans , etc ?Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?Q130.what
action is taken against police personnel who wrongly charged an
innocent person of criminal acts , resulting in his confinement in jail ,
finally acquitted by court as found to be innocent ?Q131. is it not
right to with hold salary , gratuity , pension to such guilty police
personnel & pay it as compensation to victims of police failures
& atrocities ?Q132. does our Indian constitution legally permit a
citizen of foreign origin naturalized by marriage to an Indian or
naturalized by option , to occupy any constitutional office ?Q133.
during british rule in india & various other british colonies ,
criminal cases were foisted against our freedom fighters in India &
other british colonies. After india’s independence what happened to
those cases ? did our Indian government close all such cases or did it
continue with the prosecution ?Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?Q135. what about the status of cases against shri.netaji subash Chandra bose ?Q136.
has GOI deported any freedom fighters to Britain or it’s colonies , to
face prosecution after India gained independence ? HAS GOI RECEIVED ANY
REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?Q.137.
the honourable supreme court of India failed provide information to me
as per my RTI request appeal no : 91 / 2007 in response to your letter
no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?Q138 . the honourable
union home secretary failed to give me information as per my rti
request , he transferred my application to others , in turn they
transferred the application to some others. Finally , complete truthful
information was not given , why ? as the union home secretary has got
copies of all those replies in response to transferred RTI application ,
will he send me a consolidated reply to my present RTI request ?Q139.
in a high profile case before the honourable delhi high court , we have
seen how defense advocate mr. R.S.ANAND & prosecution advocate mr.
I.U.KHAN made a secret pact to win the case in favour of rich criminal ,
totally manipulating prosecution witnesses , evidences &
prosecution stand , totally making mockery of justice system . how you
are ensuring the delivery of justice , there being numerous such
advocates in practice ?Q140. Smt. Sonia Gandhi is person of foreign
origin , she wields enormous clout more than the Prime Minister himself
over the government of India being the chair person of UPA. Is she
legally permitted to summon confidential official records , minutes of
the cabinet , to hold the cabinet meeting of union ministers ?Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

Q148.
Are the liberty & fundamental rights of the citizens guaranteed by
the constitution, above the privileges of the constitutional
functionaries or equal or below ?

Q149.
Can the Indian legislatures & parliament be equated to the House of
commons in England which is considered to be a superior court and court
of records ?

Q150.
Can the division of powers, namely the legislature, the executive and
the Judiciary, be equated to the functioning of the House of commons and
House of Lords in England ?

Q151.
Can a citizen be said to have committed breach of privilege of the
House or court and causing contempt of the house or court by raising the
issues of accountability of constitutional functionaries ?

Q152.
Can a Legislature or Parliament enact a new law, to circumvent or to
nullify the Judicial orders with respect to wrongdoings by peoples
representatives & executive ? does not it amount to infringement of
Judicial powers & contempt of the court by the House.

Q153.
Are the FUNDAMENTAL DUTIES of a citizen more important than
constitutional duties of a constitutional functionary or equal in
importance to it ?

Q154.
Can a constitutional functionary commit crimes, anti-national
activities in the name of constitutional duties, behind the legal veil
of official’s secret act & go unaccountable for his actions and go
unpunished by his legal immunity privileges

Q155.
Are the Legislators members of parliament, High court & Supreme
court Judges and other constitutional functionaries not willing to
codify their privileges for the reason that if codified their privileges
would be curtailed and their action would be subjected to legal
scrutiny. ?

Q156.
By votes of citizens Legislators and parliamentarians get seats in the
legislature and Parliament out of tax payer’s money, they get their pay,
perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a
citizen is above (More valid) or a seat of legislator or
parliamentarian is above or more valid in a democracy ?

Q157.
Judges & Constitutional functionaries are indirectly appointed by
voters / tax payers. Out of tax payers money, they get their pay, perks
& lead 5-star luxurious lifestyles. Hence, whether the vote of a
citizen, fundamental duties of a tax payer is above (more valid) or a
seat of judge / constitutional functionary is above (morevalid) in a democracy ?

Q158.
If there is a vacuum in the Legislature or parliament, who is to fill
up that vacuum till such time that the legislature or parliament acts
provide a solution by performing its role by enacting proper legislation
to cover the field (vacuum) ?

Q159.
While it is an unhealthy practice for a Judge to claim to be a Judge in
his own cause, is it not worse for the members of the legislature and
parliament to be judges in their own cause ?

Q160.
Are the Technicalities of the case more important to a judge or Justice
to a citizen, protection of fundamental rights of citizen.?

Q162.
Why not the Judges admit various cases of Injustices affecting public,
as the Public Interest Litigation” ? In some cases, the Public or the
person representing them is unable to afford the high cost of the case.
Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164.
Communication – free flow of information is the lifeline of a
democracy. Why the constitutional functionaries are not honouring the
Right to Information of Citizens ?Q165. Recently , while assuming
office as honourable chief justice of Karnataka , justice. P.D.DINAKAR ,
gave a blanket withdrawal of all internal departmental enquiries
against approximately 200 judges , is it just & legal ? give me the
names of accused judges & description of charges against them ?Q166. does it not show that judges are more equal than others ?Q167. who are involved in PF scam ? what action against guilty judges ?Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.Q169.
Almost a year ago , in the Karnataka state new chief justice of
Karnataka high court honble Mr.Dinakar (now elevated to supreme court of
India) just on assuming offices within hours scrapped disciplinary
inquiry proceedings against 200+ erring judges. In such a short time no
human being can study all the cases in detail , then how come he arrived
at this vital decision in such short time? Who are those 200+ judges
facing enquiry ?Q170 .Recently in the Karnataka state , high court
found out that a district judge without conducting hearings properly ,
entering fictious dates of hearings (which happens to be government
holidays ) facilitated in exonerating a top politician . has the court
enquired into the previous judgements of the accussed judge ? did it
find any wrongdoings?Q171. As per law , while on duty a person
should not be drunk , under the influence of alchohol , as it limits the
functioning of his senses & brain. That is why the acts &
sayings of drunkards , committed / said when they are drunk are not
taken seriously. However most of the police officers after evening hours
are drunk , in that state only they apprehend many suspects &
produce those suspects at the residences of magistrates before
magistrate during wee hours / night. Some of of the judges are also
drunk during that time. Does the senses of drunken police & judges
work properly to do their respective duties in identifying criminals ,
apprehending them & to issue judicial orders. Are these actions of
police & judges in drunken state legal ?

Q
172 . What action has been taken in bhopal gas leak case against the
guilty police officials who changed the charge sheet against union
carbide officials ?

Q
173 . What action has been taken against guilty police officials ,
district magistrate , state ministers & central ministers who fully
aided the criminals – Union Carbide official Mr. Anderson to escape law
, to jump bail & flee the country without court’s permission ?

Q
174 . What action has been taken against the above said guilty with
respect to their contempt of court & for aiding a criminal to
escape ?

Q
175. What action has been taken against the chief justice of India ,
who changed the legal clause under which the guilty should be tried ?
what action has been taken against the CJI who became an official of
the trust belonging to the criminal ?

Q
176 . What action has been taken against the Indian Public servant who
decided to withdraw cases from US Courts with respect to Bhopal gas
tragedy ?

Q
177 . What action has been taken against the state labour department
& pollution control board officials who have failed in their duties ,
inspite of earlier warnings by journalists ?

Q
178 . What action has been taken against state cabinet ministers who
decided the quantum of compensation money to favour the criminal
although they don’t have right to do so ?

Q
179 . What action has been taken against Presiding Judge of the trial
court , Chief Justice of India , state police officials , public
prosecutors & Central Bureau of Investigation officials who kept
quite all along and didn’t press for the extradition of the criminal
Mr.Anderson , for producing the criminal accussed no.1 before the trial
court ?

Q
180 . Is it not SHAMEFUL for the judiciary , police , government
officials & people’s representatives who became part of Operation
Crime Hush Up & aided criminals responsible for ghastly murders of
thousands & maiming of lakhs of hapless public in Bhopal Gas Leak
Tragedy?

Q
181 . Are these Corrupt Police , corrupt judges , corrupt ministers ,
corrupt labour / pollution control board officials HUMAN BEINGS ?Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?Q
183 don’t the police of vijayanagar police station mysore have
legal jurisdiction to register the case against these VVIPs ? or
just because the criminals happens to be VVIPs ,they are not booked
by police? If the said police don’t have legal jurisdiction to book
these VVIPs , they should have transferred the complaint to those
authorities who have jurisdiction & authority to book &
prosecute these VVIPs , but not done so , why ?Q 184 are not
all these actions , of VVIPs & police amounting to cover up of
crimes & criminals ? are not these cover ups itself is a crime ?Q
185. Even an appeal for justice by post card must be treated as PIL
by courts of justice . however my appeals for justice concerning
public welfare , national security sent through post , e-mail to
supreme court of india are not admitted as Public interest litigation ,
why ? does not these acts of Supreme court amount to aiding criminals ,
anti nationals?Q 186 Are not the honourable chief justice of
india together with the jurisdictional police & Revenue district
magistrate responsible to protect the fundamental & human
rights of people ? why the CJI , Mysore DC & Jurisdictional
Police have failed to protect the fundamental & human rights of
people including mine ? For all the previous injustices I have suffered
at the hands of the criminal nexus Honourable CJI , Mysore revenue
district magistrate & jurisdictional police are together
responsible , if anything untoward happens to me or to my family members
or to my dependents the quartet – Honourable Chief Justice of India ,
Honourable District Magistrate , Mysore , Honourable Police Commissioner
of Mysore city & Circle Inspector of police , vijayanagar police
station , mysore will be responsible .

These
corrupt parasites will feel , understand the pain only when they also
suffer in the same manner. Let us pray to almighty – In whose Court
of justice MATCH FIXING is not there & every body is equal , let us
pray to that god to give these corrupt parasites ghastly deaths nothing
less nothing more.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1994-2014 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE FULL INFORMATION:

CPIO , SUPREME COURT OF INDIA , NEW DELHI.

FEES PAID : IPO 22F 282814 for rupees ten only

DATE : 21.06.2014 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

RBI GOVERNOR Hiding Crime Information

APPLICATION FOR INFORMATION AS PER RTI ACT 2005( SEE RULE 22 OF RTI ACT 2005 )

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

"Power
will go to the hands of rascals, , rogues and freebooters. All Indian
leaders will be of low calibre and men of straw. They will have sweet
tongues and silly hearts. They will fight among themselves for power
and will be lost in political squabbles . A day would come when even air
& water will be taxed." Sir Winston made this statement in the
House of Commons just before the independence of India & Pakistan.
Sadly , the forewarning of Late Winston Churchill has been proved
right by some of our criminal , corrupt people’s representatives ,
police , public servants & Judges. Some
of the below mentioned public servants fall among the category of
churchill’s men – Rogues , Rascals & Freebooters.

We
salute honest few in public service , our whole hearted respects to
them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE
THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND
ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S
FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. WITH RESPECT TO CASE NO old CC34 / 1989 & NEW NO SC436/1991 AT 21 ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

2. This crime came to light only due to anonymous phone calls of good Samaritans to authorities , but not due to your inspection . is your inspection division working properly ?

3. why there is no security check up of officers during entry & exit out of premises ?

4. why there is no individual weighment , individual statement of value of bags of reissuable notes & bags of note meant for destruction , after sorting is done, why they are not tallied with total weight , value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer all the employees of those sections ?

6. why did not you take steps to preserve3 & protect respective documents relating to such high profile crime ?

8. Why RBI has left out , so many officers ( who worked in the same sections for more period than accused officers ) from domestic enquiry ?

9. why CBI also failed to put those people in the charge sheet before the court ?

10. is it because they were in favorable terms with the vested interests ?

11. did the CBI dance to the tune of vested interests in RBI while preparing charge sheet & during investigation , instead of independent investigation ?

12. those left out probables from the charge sheet might have caused the destruction of evidences / records. During the course of domestic enquiry / court proceedings , it has been recorded that some records have been destroyed. Are not CBI & RBI responsible for destruction of evidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulations for preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have taken utmost care to preserve such old records for indefinite time , for producing before courts of law as & when demanded. But it didn't , why ?

15. does not this point to connivance of higher authorities of RBI , with the criminals ?

16. RBI authorities have conducted domestic mass enquiries , instead of individual enquiries , is it not detrimental to the rights of defense ?

17. RBI authorities have stated that court proceedings & domestic enquiry are independent of each other & are not binding on one another. However RBI authorities straight away took on record of domestic enquiry the court statements , evidences , but didn't honour the order of same court of law ? why this double standard by RBI ?

18. The alleged crime was committed in 1977-79, but charge sheet was framed in mid 1985 , why this long delay ?

22. is it not due to inefficiency , negligence of duty by such high ranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient , negligent higher officials ?

24. whatever internal rules an organization makes must be within the line of law. If such internal laws of the organization are violative of law , fundamental rights of employees , such internal rules become illegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deduct any loss caused to the bank , from the pension of RBI employee if the misconduct of employee is proved in judicial proceedings . even though mr.G.Hariram came out clean from the court , why RBI has denied his pension ?

27. even if an employee's misconduct causing loss to the bank is proved , before denying him pension (towards making up loss to the bank) , previous sanction of the central board of RBI must be taken. But in mr.G.Hariram's case , pension was denied in full without taking previous sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000 to the bank & recovered it from his provident fund dues. There was nothing left over to recover , still RBI completely denied pension to mr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions should be completed first , then the employee can appeal to appropriate court of law. In mr.G.Hariram's case , CBI & RBI failed to prove the charges in court of law , as a result court discharged him from the charges. To cover-up it's failures RBI management dragged domestic enquiry much beyond court orders date & gave findings indicting mr..G.Hariram. does the enquiry officer of domestic enquiry think that he is over & above the court of law ? is it not illegal & contempt of court ?

30. ideally , RBI authorities should have appealed to higher court against lower court order discharging mr.G.Hariram from charges. But it was not done , why ?

31. did the RBI pay interim relief to mr.G.Hariram , during suspension period ?

47. is it not true that you failed to produce all records showing internal inspection / audits , during domestic enquiry & court proceedings ?

48. your expert mr.vijendra rao has stated that some seal marks are smudged , he has stated some seal marks appears to be so & so. He has clearly nowhere stated that this seal mark is exactly this , so he himself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this , on that day this seal was issued to mr.G.Hariram , isn't it ?

50. your expert says during 1975 , he didn't notice3 any fraud. However approver says fraud was there before mid 1977 also. Why no action has been taken ?

51. why you didn't produce all records of all persons , who have specifically worked in alleged sections , the registers of those departments with daily activity report containing seal nos , packet nos , bag nos , etc ?

52. are not their chances of some criminals putting the seal marks of innocent officers over the notes , bundles , bags , etc ?

53. your expert is not 100% sure of seal mark , your records are not there to prove the presence of charge sheeted officers in the alleged sections , neither your expert nor your records are 100% sure on what date , at what stage , by whom crime was committed , isn't it ?

54. is not the charge sheet amounting to higher ups picking up officers they dislike & falsely implicating them ?

55. is it not cunning ploy of higher ups to divert attention from original criminals ?

56. why no action was taken against currency officer of 1977-79 mr.J.Mitra ? why his pension , super annuation benefits were not withheld ?

57. what is your justification , supporting evidence , records for picking up only three officers including mr.G.Hariram for legal prosecution and leaving the majority of probables ?

58. why you have dropped charges against five asst treasurers ? why you didn't even conduct domestic enquiry against them , let alone legal prosecution ?

59. Is it RBI's & CBI's way of fair play & justice ?

60. as inly 5% sampling of verified note bundles are done , there are more possibilities of rebundled packets getting unnoticed in relaxed 95% lot , isn't it ?

61. you have left out so many officers who worked in those sections, some of whom even became management witnesses , instead of being charge sheeted by the management, is it fair play & legal ?

62. who are the bank employees , from whom you have recovered the alleged bank loss of Rs.220000 ?

64. you don't have any internal statuotary records to prove that mr.G.Hariram worked in those departments , except a currency officer's office note dated just on the eve of charge sheet years after the alleged crime ? does it not prove that this note has been concocted just to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in those departments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out of 40 officers , why you have picked up only mr.G.Hariram , out of 1095 working days , he has worked for only 223 days in those sections , still those officers who worked for more days in those sections are not charge sheeted why ? the approver , the management expert witness , shift registers , V2 registers , Destruction certificates , Form CD 55 , etc , nobody , no records were able to say on what date , at what stage , by whom crime took place , also they were unable to say on what date at what stage crime was committed by mr.G.Hariram ? is it not futile imagination , cunning ploy of RBI higher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place of crime is punching / Cancelled Note Vault , incinerator , where asst treasurers were joint custodians . they were not enquired & let off why ?

68. the charge sheet alleges extraction / substitution of defaced note packets. Where as the management expert witness say substitution of defaced notes only ? is not there difference between loss of one number of note & 100 number of notes ?

69. as per the normal course of duty , staff officers does not count notes in each bundles , but they just count the number of bundles only. Is not there chances of inserted note bundles or bundles containing less number of notes going unnoticed ? is it not the failure of statuotary system of work practices ?

70. does not all these prove higher authorities of RBI & CBI were hell bent to fix mr.G.Hariram & to shield the original criminals ?

Questions with respect to other cases :

71. how do you monitor the work of bank officials nominated as directors of companies which have availed bank loans ?

72. how do you monitor the work of companies , in which banks have invested ?

73. how do you monitor the rapid wealth growth of certain bank officials , who work in shares investment / equity funds section , etc ?

74. inspite of project reports by bank officials , over assessment of collateral securites / value of debtor companies by bank officials , the loans become NPAs & full value cann't be realized in the market by selling off the assets of debtor companies also. In such cases , what action is taken against erring bank officials who collude with criminal industrialists for availing higher amount of loan than permissible ?

75. give bankwise specific figures of NPAs.

76. give names of industrial groups / promoters whose companies have become NPAs , so that public can be aware of them , before investing in new companies promoted by them.

77. is not collection of loan from debtors of bank through rowdies / recovery agents , illegal ?

79. if your method of employing rowdies to collect loans of Rs. 10000 from commoners is right , what would you do to a promoter of a debtor company to recover loans of crores of rupees , supari killing ? but debtors of crores of rupees is let off coolly by banks , why ?

80. what is the exact amount of loss caused to the exchequer by karim lala telgi who printed fake stamp papers ?

81. what action has been taken against those involved ?

82. have you taken action against all those mentioned by telgi during narco analysis test , if not why ? is it because they are powerful & bigwigs ?

We
salute honest few in public service , our whole hearted respects to
them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE
THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND
ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S
FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE
SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL
SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE ,
PROSECUTION , ETC. READ DETAILS AT :

1.
The land encroachments & illegal buildings and it’s continued
existence since years is not possible without tacit , covert
support of jurisdictional revenue officials. What disciplinary
action has been taken against concerned officials with respect to each
case of land encroachment & illegal buildings , case wise ?

2. If not , why ?

3. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

4. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

5.
Till date in some cases of land encroachers are evicted & some
buildings violating building byelaws demolished , you could have spared
them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t
spare them ?

6. Is this scheme applicable for only chosen few ?

7. Does this scheme also benefit rich people above BPL ?

8. Does this scheme also benefit big land developers , land developing companies ?

9.
To my previous RTI appeals to MUDA , BDA only partial information was
given , conveniently hiding the truth. Is it not violation of RTI act ?

10. Does not hiding information about land crimes , in itself also a crime ?

11. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

1.
how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4.
when an application for alienation of land is made to you , say from
civic amenity site to commercial , what norms are followed by MUDA / MCC
/ GOVERNMENT ?

5. how do you provide alternate civic amenity
site in the locality , if the area is already full ? do you deprive
people of civic amenities ?

6. during such alenation , is the
MUDA / MCC / GOVERNMENT collecting market rate difference between civic
amenity site & commercial site ? if not why ?

7. in mysore
city , many building complexes , buildings have been built fully
violating building bye-laws – no set off , no parking space , no
emergency fire exit , no earthquake tolerant . what action by MUDA / MCC
/ GOVERNMENT ?

8. how many cases of building bye-laws violations
has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the
action status report yearwise ?

10. has the MUDA /
MCC / GOVERNMENT registered criminal cases against each such illegal
occupation ? if not why ? provide status report yearwise ?

11. in
how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has
legalized , regularized such illegal occupation just through MUDA's /
MCC's resolution instead of of reallotting the same through public
notification to the next senior most in the waiting list , after giving
notice of allotment cancellation to original allottee ? if not done so
why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal
norms in reallotment of lands , sites , houses , etc to the illegal
occupiers ? what is the procedure followed ?

13. in mysore city ,
numerous housing societies & real estate Developers have mushroomed
, Land allotments of how many housing societies , real estate firms
among them are legally authorized by MUDA , MCC , GOVERNMENT & how
many not ? since 1987 till date ?

16. the government has framed building
bye-laws like width of road , space for civic amenities , parking space ,
emergency fire exit , etc keeping high in the mind safety of people
first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance
as penalty on the building byelaw violators , layout Development plan
violators & legalizing thoseviolations. Safety of public &
amenities of public are totally neglected by MUDA / MCC / GOVERNMENT .
When public people die , suffer injuries / accidents – say during a fire
tragedy in a complex due to lack of fire exit , when people park
vehicles on pavement in front of a business complex as the complex
doesn't have a parking space of it's own , the pedestrians going that
way are forced to come down on road resulting in accidents , injuries
& deaths . is not the MUDA / MCC / GOVERNMENT responsible for those
accidents , injuries & deaths ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28.
is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers
& selling it at a premium , by way making profits just like a real
estate agency ?

29. in villages , there are cattle grazing
grounds meant for the usage of whole villagers, forest for the usage of
whole village , lands belonging to village temples. Some villagers have
donated their personal lands to village temples , cattle grazing for the
benefit of whole villagers. All the villagers are stake holders ,
owners of such lands. When MUDA / MCC /GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30.
till date , how many lakes , ponds , how many feeder canals have been
closed , filled with mud , developed , sold as sites , etc by MUDA MCC
or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32.
in & around mysore city , high tension electric lines are there in
busy residential areas . as per Indian electricity act , no permanent
structures should be under the HT lines. However there are buildings
under it. In some places , HT lines runs in the middle of the road. The
authorities Have developed those areas beneath HT lines as parks ,
rented outadvertisement spaces & built permanent fencing of
those areas spending lakhs of taxpayer's money. This fencing obstructs
the movement of service personnel of electricity board , to service HT
line. Are all these structures under& surrounding HT lines legal ?

33.
till date how many burial grounds are acquired & sold as sites by
MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise
since 1987 castewise , religionwise ?

34. in & around mysore
city , in how many areas developed by MUDA & private developers ,
the sewage water generated in those areas is directly let into lake ,
ponds ?

37.
how many unauthorized housing layouts are there in & around mysore
city ? what action by MUDA / MCC / GOVERNMENT against them ? action
taken report yearwise since 1987 till date .

38. around mysore
city , vast areas of village farm lands , agricultural lands are
acquired by private real estate developers for non agricultural purposes
by a single firm or single owner. Are these actions legal ? some of
these real estate agents have sold those lands to private industries ,
multinational companies for crores of rupees. Has the MUDA / MCC /GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ?

39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB'scomprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41.
are all those alienations , strictly in conformance to MUDA's / MCC's
CDP & KIADB's industrial area development plan ? violations how many
?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore
city , hebbal-hootagalli industrial area , a lake has been destroyed
while building kaynes hotel , hinkal lake is shrinking , lake in front
of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all
these actions legal & in conformance to MUDA's CDP ? if not why ?
what action ?

45. while auctioning off the lands of sick
industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to
bidders that after purchase of lands only it must be used for industrial
use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47.
about this issue , our publication has even raised it's objections , in
it's newspaper . no action , why ? as a result , the government , banks
, employees were cheated off their dues & the private firm made
huge profits. is this auction & alienation legal ?

48.numerous
NGO's , trusts promoted by religious bodies , mutts are allotted prime
lands at preferrential rates , for the reason that they will use it for
public / social welfare. however many of the trusts are using the whole
or part of the land for commercial purposes other than the stated public
/ social welfare purpose. what action has been taken by MUDA , MCC or
government in such cases ?

49.how many trusts have violated
government norms in this way since 1987 till date? what action taken by
MUDA , MCC & government action taken report yearwise since 1987 till
date ?

50.how many such illegalities / violations by trusts are
regularized by MUDA , MCC or authorities , on what legal grounds ? ATR
since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how
you are monitoring the net wealth growth of some MUDA / MCC / REVENUE
officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?

53.how many
trusts , NGOs are allotted prime residential / commercial lands by MUDA /
MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have
sulet it either partly or wholly to others ?

54.how many such
lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry
of lease period , without public auction ?

55. what are the norms
followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the
lessee before the expiry of lease period ?

1.
how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has
revised / modified the Bangalore city's comprehensive city development
plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4.
when an application for alienation of land is made to you , say from
civic amenity site to commercial , what norms are followed by BDA /
BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic
amenity site in the locality , if the area is already full ? do you
deprive people of civic amenities ?

6. during such alenation , is
the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference
between civic amenity site & commercial site ? if not why ?

7.
in bangalore city , many building complexes , buildings have been built
fully violating building bye-laws – no set off , no parking space , no
emergency fire exit , no earthquake tolerant . what action by BDA /
BBMNP / KIADB / GOVERNMENT?

8. how many cases of building
bye-laws violations has been registered by BDA / BBMNP / KIADB /
GOVERNMENT since 1987 ? what is the action status report yearwise ?

11. in how many cases of such
illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized ,
regularized such illegal occupation just through BDA / BBMNP / KIADB /
GOVERNMENT ` s resolution instead of of re-allotting the same through
public notification to the next senior most in the waiting list , after
giving notice of allotment cancellation to original allottee ? if not
done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT
followed all legal norms in reallotment of lands , sites , houses , etc
to the illegal occupiers ? what is the procedure followed ?

13.
in bangalore city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by BDA /
BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

16. the government has framed building bye-laws like
width of road , space for civic amenities , parking space , emergency
fire exit , etc keeping high in the mind safety of people first. BDA /
BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as
penalty on the building byelaw violators , layout Development plan
violators & legalizing those violations. Safety of public &
amenities of public are totally neglected by BDA / BBMNP / KIADB /
GOVERNMENT. When public people die , suffer injuries / accidents – say
during a fire tragedy in a complex due to lack of fire exit , when
people park vehicles on pavement in front of a business complex as the
complex doesn't have a parking space of it's own , the pedestrians going
that way are forced to come down on road resulting in accidents ,
injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT
responsible for those accidents , injuries & deaths ?

27.
is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired
lands , for the same purpose mentioned in the project plan ?

28.
is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates
from farmers & selling it at a premium , by way making profits just
like a real estate agency ?

29. in villages , there are cattle
grazing grounds meant for the usage of whole villagers, forest for the
usage of whole village , lands belonging to village temples. Some
villagers have donated their personal lands to village temples , cattle
grazing for the benefit of whole villagers. All the villagers are stake
holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT
acquires such lands to whom does it pay compensation ? what about
welfare objectives of those lands ?

30. till date , how many
lakes , ponds , how many feeder canals have been closed , filled with
mud , developed , sold as sites , etc by BDA / BBMNP / KIADB /
GOVERNMENT or other land developers ?

31. has the BDA / BBMNP /
KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ?
how many are created till date ?

32. in & around bangalore
city , high tension electric lines are there in busy residential areas .
as per Indian electricity act , no permanent structures should be under
the HT lines. However there are buildings under it. In some places , HT
lines runs in the middle of the road. The authorities Have developed
those areas beneath HT lines as parks , rented out advertisement spaces
& built permanent fencing of those areas spending lakhs of
taxpayer's money. This fencing obstructs the movement of service
personnel of electricity board , to service HT line. Are all these
structures under & surrounding HT lines legal ?

37. how many unauthorized housing layouts are
there in & around bangalore city ? what action by BDA / BBMNP /
KIADB / GOVERNMENT against them ? action taken report yearwise since
1987 till date .

38. around bangalore city , vast areas of
village farm lands , agricultural lands are acquired by private real
estate developers for non agricultural purposes by a single firm or
single owner. Are these actions legal ? some of these real estate agents
have sold those lands to private industries , multinational companies
for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given
alienation of land ie conversion from agricultural to industrial usage.
Has KIADB given consent to it ?

39.
can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?

40. has the BDA /
BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling
for objections before alienation of such lands ?

41. are all
those alienations , strictly in conformance to BDA / BBMNP / KIADB /
GOVERNMENT's industrial area development plan ? violations how many ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore
city , hebbal-hootagalli industrial area , a lake has been destroyed
while building kaynes hotel , hinkal lake is shrinking , lake in front
of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all
these actions legal & in conformance to MUDA's CDP ? if not why ?
what action ?

45. while auctioning off the lands of sick
industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to
bidders that after purchase of lands only it must be used for industrial
use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47.
about this issue , our publication has even raised it's objections , in
it's newspaper . no action , why ? as a result , the government , banks
, employees were cheated off their dues & the private firm made
huge profits. is this auction & alienation legal ?

48.numerous
NGO's , trusts promoted by religious bodies , mutts are allotted prime
lands at preferrential rates , for the reason that they will use it for
public / social welfare. however many of the trusts are using the whole
or part of the land for commercial purposes other than the stated public
/ social welfare purpose. what action has been taken by BDA / BBMNP /
KIADB / GOVERNMENT in such cases ?

49.how many trusts have
violated government norms in this way since 1987 till date? what action
taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise
since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how
you are monitoring the net wealth growth of some BDA / BBMNP / KIADB /
GOVERNMENT officials & their family members , who have land
acquisition / denotifying , land usage conversion authorities ?

53.how
many trusts , NGOs are allotted prime residential / commercial lands by
BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?

54.how
many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT
before the expiry of lease period , without public auction ?

55.
what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the
sale of leased lands to the lessee before the expiry of lease period ?

56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

57. why BDA didn't file police complaint to evict encroachers?

58. why BDA didn't inform the descendents of original allottee about the cancellation of their allotment ?

59.what happened to the money deposited by original allottee?

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ?

61.
in case the BDA wished to re-allot the said house , first it must have
informed the original allottee about cancellation of allotment allowing
them sufficient time to reply with public notice in news papers , then
they should have allotted the said house to the senior most in the
waiting list. But BDA has just allotted the house to an illegal
encroacher by the resolution of BDA committee. Is it legal ?

62.
BDA officials gave half truths to my RTI request & stated that the
said file concerning this issue cann't be found ie lost . is it legal ?

63.
has the BDA filed police complaint regarding theft of file from the
record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING
ARTICLE.

We
salute honest few in public service , our whole hearted respects to
them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE
THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS
ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND
ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S
FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.

M/s
Karnataka Telecables Ltd , Mysore renamed as M/s RPG Telecom Ltd
again renamed as M/s RPG Cables Ltd once again renamed as M/s KEC
International , Mysore used to manufacture PIJF & OFC telecables
and supplied it to department of telecommunications , government of
india , Indian Railways and GAIL , PGCIL of Ministry of Petroleum .
DOT used to pay hundreds of crores of rupees from public exchequer to
buy these cables . There is also one more company by name M/s
Concepta Cables Ltd , Mysore belonging to the same industrial group
supplying PIJF & OFC telecables to DOT. As a public , as a
citizen of india and as a tax payer I want to know whether those
crores of rupees from public exchequer are well spent.

1.
How many times the above said companies were blacklisted by DOT ,
Supreme Court of India and other quasi judicial bodies , casewise ?

2. What action taken by DOT & judicial bodies against the above companies , casewise ?

3.
How many cable kms of cable supplied by above companies , were
rejected by DOT from the field yearwise , since 1986 ?

4. Did the above companies replace all the cables rejected by DOT & make good all the losses , yearwise ?

5. If not , why ?

6. What action taken by DOT , casewise ?

7.
How many cable kms of cables supplied by above companies were
accepted on deviation by DOT yearwise ? on what basis ?

8. Has the DOT authorised usage of recycled materials in the manufacture of cables ?